Statement of Principal Points on Letter head

James L. Fant jfant@hkmpp.com CERTIFIED BY THE SUPREME COURT OF NEW JERSEY AS A CIVIL TRIAL ATTORNEY Member of N.J. and N.Y. Bar HARDIN, KUNDLA, MCKEON & POLETTO COUNSELLORS AT LAW A PROFESSIONAL CORPORATION 673 MORRIS AVENUE SPRINGFIELD, NEW JERSEY 07081 (973) 912-5222 FAX (973) 912-9212 _____ www.HKMPP.com NEW YORK OFFICE 110 William Street New York, New York 10038 (212) 571-0111 FAX (212) 571-1117 PENNSYLVANIA OFFICE 60 West Broad Street Suite 102 Bethlehem, Pennsylvania 18018 (610) 433-8400 FAX (610) 433-0300 Statement of Principal Points “Proposal” Wonder Group, Inc., d/b/a Wonder (the “Applicant”) is seeking an Interpretation of the Zoning Ordinance or a d(1) or d(3) Use Variance, if necessary, to operate a small-scale, commercial food production operation, previously approved as catering, on the property located at 481 Eagle Rock Avenue in West Orange, NJ (the “Property”), otherwise known as Mayfair Farms. In addition, the Applicant is seeking Major Site Plan Approval for the expansion of the existing use. The property is in the B-2 (General Business) Zone District. Property and Previous Use Description The property located at 481 Eagle Rock Avenue is designated as Block 152.24, Lot 1445.01. The lot is ~476,210 SF (10.93 AC) in size with an existing structure that previously hosted a banquet/catering hall and event space known as Mayfair Farms. The property is irregular in shape and bounded by Eagle Rock Avenue (CR 611) to the south, West Orange Plaza to the north and east, and an R-1 district to the west. The southern side of Eagle Rock Avenue opposite the property includes a portion of an R-6 residential district and the continuation of the B-2 zone district of which the property is included. Six (6) residential properties abut the western lot line of the subject property. (Exhibit 1 – Zoning Map, Exhibit 2 – Parcel Map) Mayfair Farms, a mainstay in West Orange, operated for decades hosting a variety of events including political fundraisers, weddings, and proms. The facility included numerous ballrooms, a full-size kitchen and cold space, outdoor facilities and amenities, and ancillary surface parking with accommodations for hundreds of guests. The space had operated as an existing non-conforming use. The site layout includes the principal structure of approximately 26,375 SF largely situated to the center-right of the lot. Three (3) separate

he space had operated as an existing non-conforming use. The site layout includes the principal structure of approximately 26,375 SF largely situated to the center-right of the lot. Three (3) separate surface lots front upon Eagle Rock Avenue providing parking for ~228 vehicles. To the rear of the principal structure, there is an additional surface lot, which was once paved but now is comprised of mostly broken asphalt and gravel, provides employee parking for approximately 50 additional vehicles. The northwest corner remains pervious green space and wooded area, with portions of landscaped

areas previously used as a part of the banquet facility, accounting for the outdoor amenities. In total, approximately 39.1% of the lot is impervious. (Figure 3 – Aerial) Zoning Regulations and Request for Interpretation Section 25-7.1, Zoning District Regulations, of the Township’s Land Use Regulations establishes the general regulations for each zoning district as it relates to permitted uses, accessory uses, conditional uses and bulk regulations. Part A, Attachment 2, outlines all the permitted uses in each of the Township’s Zone Districts. The uses generally permitted in the B-2 district are focused on small-scale retail and personal service locations, offices and office buildings, as well as restaurants and bars. Mayfair Farms, the previous principal occupant and operator of the property, managed what can best be described as a ‘banquet and conference center’ as defined by the Land Use Regulations. The property was used as such for decades. In 2021, Remarkable Foods Kitchens, LLC, d/b/a Wonder, obtained approval to renovate a portion of the basement of the existing structure to build out a new commercial kitchen and to complete minor exterior improvements to the rear of the property. These improvements included to placement of three (3) polar kings (refrigerated containers), two (2) rotisserie style smokers, and a carport for shelter with ancillary walkways. The approval was granted as an extension of the existing Mayfair Farms operation. In 2022, Mayfair Farms ceased operations as a banquet hall. In February 2024, Wonder Group, Inc., the parent company of Remarkable Foods Hospitality, LLC, applied to the West Orange Planning Board seeking Minor Site Plan approval to expand its current operation to up to twelve (12) individual rotisserie style smokers with the appropriate exterior improvements to facilitate said operation. The proposed improvements include the placement of up to two (2) new exterior cold storage containers, an expansion of an existing concrete pad to provide space for up to six (6) smokers, as well as a second concrete pad to hold an additional six (6) smokers. The existing pad would be covered by an expansion of an existing carport and the proposed new concrete pad would be covered by a new open carport. It is the position of the Applicant that the approval(s) granted by the municipality remain in-force and the applicant’s right to

the proposed new concrete pad would be covered by a new open carport. It is the position of the Applicant that the approval(s) granted by the municipality remain in-force and the applicant’s right to operate in compliance with the ordinance remains unchanged. The Applicant is requesting that the Zoning Board of Adjustment provide an interpretation of §25-7.1-Zoning District Regulations. The principal question the Applicant is seeking to have clarified by the Board is whether the Applicant’s use, previously approved by the Zoning Officer, continues to be a legally existing non-conforming use. As noted, Wonder had been approved to operate a small catering use in the basement and the rear of the Property. As Wonder has continued to grow, the need to expand production capacity of the catering operation has become a priority. Wonder is ultimately seeking approval to continue the existing operation and to expand to up to twelve (12) smokers, on an as needed basis. In the event that the Zoning Board of Adjustment’s interpretation of the zoning ordinance results in a determination that the use is not permitted or that the site plan component of the application

represents an expansion of a nonconforming use, the Applicant is concurrently applying for a d(1) use variance or a d(3) use variance, whichever the Board deems to be necessary.