ZBA Application Package 92922

RS Law Offices of 75 Main Street, Suite 201 . 7 Rick@SchkolnickLaw.com Millburn, NJ 07042 Richard Schkolnick, LLC SchkolnickLaw.com 973-232-5061 September 29, 2022 Via E-mail and UPS Overnight (dchandler@westorange.org) Diana Chandler, Board of Adjustment Secretary Township of West Orange 66 Main Street West Orange, NJ 07052 RE: Application of 89 Ashland Avenue, LLC 87 and 89 Ashland Avenue Block 61, Lots 44 & 45 Dear Diana: This Firm represents 89 Ashland Avenue, LLC (“Applicant”). In support of this application for preliminary and final site plan approval, and “c’ and “d’ variances, in order to construct a two-unit addition to the existing six-unit multifamily dwelling at the above location, enclosed please find six sets of the following: 1. Application to Township of West Orange Zoning Board of Adjustment. 2. Site Plan Checklist. 3s Verification of Taxes and Sewer Charged Paid, dated August 11, 2022. 4, Buffer Report (property owners list), dated May 6, 2022. 5. W-9 form. 6. Sustainability Checklist Form. i. Planning Report, prepared by Marucci Engineering Associates, LLC, dated August 22, 2022. 8. Architectural Plans (two sheets), prepared by Inglese Architecture and Engineering, dated August 22, 2022. 9: Preliminary and Final Site Plan (including the boundary survey), prepared by Marucci Engineering Associates, LLC (6 sheets), dated August 15, 2022. 10. USB Stick (to be delivered under separate cover).

Ms. Diana Chandler, Board of Adjustment Secretary Page 2 Please note that 87 Ashland Avenue (Lot 44) is owned by Frank S. Ench. 89 Ashland Avenue (Lot 45) is owned by 89 Ashland Avenue, LLC. Pursuant to N.JS.A. 40:55D-48.1, Frank S. Ench is the sole person or entity with a 10% or greater interest in this LLC. I have enclosed the application fee of $850 ($450 for preliminary/final + $150 for “d” variance + $250 for “c” variance). I have also enclosed $750.00 representing the escrow fees for the two additional multifamily units. The Applicant is submitting an electronic copy of this application and is therefore requesting a waiver of the digitizing fee. Please advise if any additional fees are required. The property is located in the Township’s I Industry zone. The Applicant proposes to add two residential units to the existing six unit structure (the existing units are all one bedroom units; the two proposed units are 3 bedrooms each). The Applicant thus requests preliminary and final site plan approval along with the following “c” and “d” variances: 1. “D-2” variance relief to expand the existing residential structure in a zone that does not permit residential use. 2. De minimis exception from the Residential Site Improvement Standards (15 parking spaces required; 6 spaces existing; 3 new spaces proposed for a total of 9 spaces proposed). 3. Maximum improvement coverage (75% permitted; 73% existing; 90.8% proposed). We would ask that this matter be reviewed by the Site Plan Review Advisory Board at its next available meeting. Thank you for consideration of this matter. ery truly yours, ichard §. Schkolnick RSS/ip Enclosures Ench/ 89 Ashland Avenue, LLC ce: Anthony Marucci, P.E., P.P. (via email only)

TOWNSHIP. OF WEST ORANGE APPLICATION FORM FOR THE PLANNING BOARD OR ZONING BOARD.OF ADJUSTMENT A. ABPLICANT INFORMATION Full Legal Name: 89 Ashland Avenue, LLC (Last) (First) Mailing Address: 16 Hilltop Circle, Whippany, NJ (Street) (City) (State) (Zip) Telephone Number: ({_973 _) 232-5061 (Attorney) Email: rick@schkolnicklaw.com Is the Applicant an: [J Individual, [ Corporation, {7 Parinership, FJ Other LLC If the Applicant is a corporation or partnership, a list of the names and addresses of persons having a 10% interest or more in the corporation or partnership must be attached. Relationship of the applicant to the property: 2 Owner, C] Tenant or Lessee, Purchaser under contract (with consent of owner, Other (please specify) If the applicant is not the owner of the property in question, the applicant must submit an affidavit with the owner(s) authorization to proceed with this process. B. PROPERTY.OWNER INFORMATION O Check here if same as applicant. If the owner is not the applicant, please complete the following: Owner’s Name: As to lot 44: Frank S. Ench Address: Telephone Number: ( ) Email: C. PROPERTY INF ORMATION Street Address: __ 87 and 89 Ashland Avenue Block Number(s): 61 ; Lot Number(s): 44 & 45 Tax Plate: _41 ; Zone of Property: _!- Industry The location of the property is approximately 304 feet from the intersection of _ Ashland Avenue and Park Avenue (closest intersection.) Has there been any previous Zoning Board of Adjustment or Planning Board hearings involving this property? O Yes, Date(s): ; No If yes, please attach copies of the written decisions adopted by the Board to each application. Please attach a list of all contiguous or adjacent property owned by the applicant or owner. [d None Is this property listed in “The Historic Sites Survey” prepared by Robert Guter 7/9/1992 [1 Yes EI No fo anpacants TAPLANNING BRD Document Library\PB-ZBA Application 3-15-18.toc us

Waiver D. TYPE OF APPLICATION Indicate the type of application being submitted, check all boxes that apply. Note that more than one variance may be necessary. please indicate the number of each type needed: 1) © Interpretation of ordinance or map. 2) © Appeal of action of Zoning Officer. 3) [ Variance “C1” Reason: 1 shape of property; o physical features; L1 exceptional situation, 4) &) Variance “C2”. 5) Dt Variance “D". *D(2) Expansion of a nonconforming use 6) O Subdivision without variances: 1) major; O minor; O preliminary; 0 final; Cpreliminary and final. 7) ( Subdivision with variances: 1) major: 0 minor; O preliminary; O final; Opreliminary and final. 8) MW Site Plan: O preliminary; 0 final; Mpreliminary and final; with variances: 1] without variances. 9) O Amended Site Plan. 10) 1 Conditional Use. 11) © Conceptual. 12) (1 Home Professional Office. 13) 0 Home Occupation. 14) [1 Soil Removal Permit. Please list the specific Sections of the Ordinance for which a variance is sought. If additional space is required. please attach a list. Section: 25-7.1 Max. Proposed: 90.8% : Description: Permitted 75% : d Ci cae Section: Improve OverBESposed: ; Description: Section: : Proposed: ; Description: Section: RSIS Parking; Proposed: 15 spaces req'd Description: 6 spaces exist: re-stripe for a total of nine (B)epaces E, DESCRIPTION. OF PROPERTY Existing Use of the Property A six (6) unit apartment building Briefly describe the major elements of your proposal: (a more detailed description is required in Section G.) Proposal is to construct a building addition to accommodate two additional dwelling units. The property is_9.220.7 (square feet); 0.21 acres (acres) Impervious Surface Coverage: Present: _73%/ 6,730 sf : Proposed: 90.8%/8,376 sf Building Coverage: Present: _14.8%/1.361 st 5 Proposed: 23-8%/3,118 sf Is the property located: Within 200 feet of another municipality? O Yes Kl No Adjacent to an existing or proposed county road? O Yes No Adjacent to other county land? O Yes BI No Adjacent to a state highway? 0 Yes BI No TAPLANNING.BRD\Document Library\PB-ZBA Application 4-15-18.doc ws

F, EXPERTS j The following information is respectfully requested to enable the Board to facilitate the processing of this application: APPLICANT'S ATTORNEY: Richard Schkolnick, Esq. Telephone Number: (973 }) 232-5061 Email: _'ek@schkolnicklaw.com Address; Law Offices of Richard Schkolnick, 75 Main Street, Suite 201, Millburn, NJ 07044 APPLICANT’S ENGINEER: Anthony Marucci - Marucci Engineering Associates, LLC Telephone Number: (973 )_887-3066 Email: 2nthony@marucciengineering.com ‘Address: P.O. Box 509, Cedar Knolls, NJ 67927 APPLICANT’S ARCHITECT, Joaquin Bouzas Telephone Number: (201 ) 438-0081 X 104 Emai}: JOouzas@inglese-ae.com Address: 632 Pompton Avenue, Cedar Grove, NJ 07009 APPLICANT’S PLANNER: Anthony Marucci-Marucci Engineering Associates, LLC Telephone Number: (973) 887-3086 Email: anthony@marucciengineering.com Address: P-0.Box 509, Cedar Knolls, NJ 07927 OTHER EXPERT(S): Telephone Number: ( ) Email: Address: If necessary, please list any additional experts below, including address, telephone number and email address. TAPLANNING BRD ‘Document Librars\PB-ZBA pplication 3-15-18.loe ws

G. REQUIREMENTS FOR VARIANCES 4A) 4B) 4C-1) 4D) 4E) Please attach a written statement labeled “PROPOSAL”, describe the major elements of your proposal, and describe in detail the physical and use changes proposed. —_ gg6 attached Planning Report Please attach a written statement labeled REASONS FOR RELIEF *, which fully answers 4C-1, 4C-2 or 4D (Special Reasons) AND part 4E (Negative Criteria). See attached Planning Report (For Cl variances only) The strict application of the provisions of the Zoning Ordinance would result in the peculiar and exceptional practical difficulties or exceptional undue hardship under N.J.S.A. 40-55D- 70c(1}. List in detail wherein this case conforms to this requirement, including, if applicable, reference to the exceptional narrowness, shallowness, or shape of the property, or the exceptional topographical conditions affecting the property which applicant contends warrants the granting of the variance. (For C2 variances only) State how the purposes of the Municipal Land Use Law would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment according to N.J.S.A 40:55D-70c(2), Please list all benefits of the deviation to the Township and any adverse effects. State how the benefits of the deviation would substantially outweigh any detriment to the Township. (For D variances only) State the special reasons under N.J.S.A 40:55D-70d affecting this property. The granting of this variance will not be substantially detrimental to the public good and will not substantially impair the intent of the zone plan and zoning ordinance. List in detail the reasons, among others, why the variance cau be granted without being materially detrimental to the welfare of the community or injurious to the property or improvements of others in the neighborhood and zone. H. PLAT SUBMISSION 4E) Please list all maps and other exhibits accompanying this application. Attach an additional sheet if necessary, ITEM SIGNED BY DATE/REVISION See cover letter LNOTICE ; ] Applicant is responsible to publish and serve notice of this application in accordance with Zoning Board of Adjustment/Planning Board requirements; however, notice may not be served until this application is certified as complete and the administrative officer has assigned the applicant a public

ng Board of Adjustment/Planning Board requirements; however, notice may not be served until this application is certified as complete and the administrative officer has assigned the applicant a public hearing date. TAPLANNING BRDIDocuutent Library PB-ZBA Application 315+18.doe us

J. VERIFICATION AND AUTHORIZATION | SIGNATURE IS REQUIRED FOR ALL OF THE FOLLOWING: APPLICANT’S VERIFICATION I hereby certify that the above statements made by me and the information contained in the papers submitted in connection with this application are true. I am aware that if any of the foregoing statements are willfully false, 1am subject to punishment. Applicant’s Signature: Lhd M Mh Ath tney _pae: fi A Lv toe Mp Mn CONTINUANCE Should the Planning Board/Zoning Board of Adjustment have a full and heavy agenda, or discussion and meeting regarding this application requiring carrying the matter past the statue time limit, the applicant grants permission for such an extension. Applicant’s Signature: Date: OWNER’S AUTHORIZATION — MUST BE SIGNED Thereby certify that I reside at 16 Hilltop Circle, Whippany in the County of Morris and the State of New Jersey and that lam the owner of all that certain lot, piece or parce] of land known as Block(s) 61 : Lot(s) 44. & 45 on the Tax Map of West Orange which property is the subject of the above application, and that said application is hereby authorized by me. Furthermore, I authorize inspection of the site which is the subject of this application. Owner’s Signature: VAG, Mtoing fv buaus Date: Haifs Frank S. Ench, Individually and on behalf of 89 Ashland Avenue, LLC THIS APPLICATION DOES NOT RELIEVE THE APPLICANT FROM COMPLYING WITH OTHER TOWNSHIP ORDINANCES SUCH AS THE TREE REMOVAL ORDINANCE AND OBTAINING THE NECESSARY APPROVALS AND PERMITS UNDER SUCH ORDINANCES. TAPLANNING.BRD\Document Libraty\PB-2BA Application 3-15-18.doe as

OWNSHIP OF WEST ORANGE A he A Z Site Plan/Subdivision Checklist APPLICANT: {7 fared ve Z. ee ALL, BOCUMBNTS MUST RE PREPARED, , — JERSEY Major Application z 5 = e-Applieation- Conepitis | Minor Application Genin! Suave Site Plan Dexclapmsat Kiem Number _ Description Sebdbeiion | Sine Mian Phe Prctesimary | Firat | erclainary | Fret ALTO crusancens UAVS. L PRO; CREAT My omsaTiON A lnm Nanus, aldsessof ownee and applicant x x 2 sme Numa. gare, Tsens amber. i sukkesc of enioses, lol arses arta fessunalplanne, shor landscape ashi, 28 aepbeable ental jo atin x x 2 wom: A Say mp at speeded Seale showing Joe fen with rofiresce 1p surouedmng propenie, rues, snusicinal bousdarien, ee sith EP Commane: Deuribes sotungr may be fers che rseapplieman-toncepl plan ad GDE nages. x x x x x x WA schohude of sequined and provided zone - demei{s) teguirements cactadong Int acen, lth death ned cothucks, buibling emversge, open space, park, ‘Cummmemt Sebedote may te faa dead i pre ayphenaea-coneeyt psa 2 tang Nord arerw ga ale x x s x x x & 7 Near Proof that races are came x x x x x x 8. gay Siguane bt Marina Bngiaee 1 for Ohno, Searcy sa 9 how ae Sap Filing Ca ate sree Rati as eoquired by 20. Jone Menumemiaion as epocited by Mop Sieg, tow Cosson: Monaumenistion egottad only for fib x wea V1. ean: Date of corral pepsi orces: Conus Reqonted hy Sap Filing subdivision aad se phan: neveumry by sewing on UDP.

ALL DOCUMENTS MUST UF PREPARI SIGNED AND SEALED BY NEW JERSEY LICENSED PROFESSIONAL, Major Application Minor Application ances! Sebdisian Soe Han item Number Deseription Subdicision Ske Plan Development Pea Prekeminary | Fine! Emad aurlaINoo g A 52, hoe Oa (57 of four (4) standards sisos: OPA 427, BATS BP, ISX TS" IS Comme Reauined by Map Filing Eas for uincr and majar subdivisions, 53, era Aizies and bunds Coveripaies sherwrmg hinetsions, bearings, curve dats, longi of tan sedi aes, chords and central angles tor all penterlioes aad rightahwas: and exrucctme carves on steels, 34. tome AttUaed of sxnente, Comment: Map Filing Law For minor and maja sihdivision, 1S eur Acreage of tnt sere Fer GNP ate neato 20h pearent tench of ew x 16. kgm. Pate of wiginat and vil evisions, Comment: fw necessary Jor continuity Spray 19. deem, Sire and lacatic of any exsting oF prupwicd strictures wit al selbachs dieesnened. tear important for detatted plana nian andl Gimuensions of any enisting ar propased streets (or GOP and prosippbcation« ‘rongrpt plaa.- ewer isiaions. Cocemens; from wpe for devaited planning. 19 see All proposed fot fines and area of Sot ie sare Feel 20, ema Copy aedier sislinvation ef any existing or propia devd restrictions or coveriants & 2. hese Any extaing ur propssed easement tune reserved for or dedieated to pablie nse, © 22. Lay Development atages ors GDP-general ging) Conmaem Noi epplicable at pre wpztioati: cosept phan stags, ues plans sual 19 Pu igpiasysor w