ltr Diane Chandler encl application package 9624

SCARINCI| HOLLENBECK.. 150 CLOVE ROAD, 9TH FLOOR ATTORNEYS AT LAW —— LITTLE FALLS, NJ 07424 201.896.4100 © sh-law.com WILLIAM C. SULLIVAN, JR. | Partner wsullivan@sh-law.com Phone: 201-896-7215 September 6, 2024 BY FEDERAL EXPRESS Diana Chandler-Zimmerman, Secretary Zoning Board of Adjustment Township of West Orange 66 Main Street West Orange, New Jersey 07052 Re: Zinnia Health, LLC Use Variance Application/Appeal 33 Mt. Pleasant Avenue Block 88, Lot 26 Our File No.: 16018.1000 Dear Ms. Chandler-Zimmerman: Please be advised that this office represents the Applicant, Zinnia Health, LLC in connection with an appeal/use variance application to open and operate a residential behavioral health facility at the former Canterbury Assisted Living Facility at 33 Mt. Pleasant Avenue, Block 88, Lot 26. As explained in the rider to the application enclosed herewith, we submit that the proposed use qualifies as a “hospital” and thus is a permitted use under the West Orange Zoning Ordinance. The West Orange Zoning Officer has concluded otherwise and therefore we are appealing that determination pursuant to N.J.S.A. 40:55D-70(a). In the event that the Board upholds the Zoning Officer’s determination, we are applying for a use variance to avoid undue delay prior to hopefully opening this facility at the earliest opportunity. As explained in the attached rider and as we will explain at the hearing, the proposed use is an inherently beneficial use, resulting in a reduced burden of proof, and the proposed facility will satisfy the remaining criteria for the use variance. The Applicant does not propose any exterior changes to the facility or the property. Therefore, we submit that site plan approval is not required. The existing parking lot provides more than enough parking spaces under the Ordinance. For these reasons and for the reasons articulated in the enclosed documents and at the hearing, we submit that a use variance approval should be granted if the Board concludes that the use is not permitted. Page 1 of 2 4885-3664-8161, v. 1

In support of this application, enclosed please find the following documents: 1. Original and four (4) copies of the Application form; Survey by David B. Swanson, P.L.S. dated July 6, 2017 (Applicant will certify that conditions depicted on the survey reflect current conditions as well); List of property owners for notice provided by the Assessor; Proof of payment of taxes; W-9; Correspondence from Geniece Gary-Adams to me dated July 25, 2024; and Two checks, one in the amount of $6,500 for professional escrow and the other in the amount of $1,550 for the fees for appeal, use variance and digitizing fee. N Sl gs = = A PDF of the Application will be forwarded by email. The tax collector advised us that tax payments ware current and we verified with Munidex. The tax collector advised that a sewer assessment is outstanding and we are investigating that issue. We look forward to the opportunity to present this application to the Zoning Board of Adjustment at the earliest possible opportunity. Thank you for your consideration. Very truly yours, oe Le. WILLIAM C. SULLIVAN, JR. For the Firm Enclosures cc: Scott Burman John McDonough Page 2 of 2 4885-3664-8161, v. 1

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TOWNSHIP OF WEST ORANGE APPLICATION FORM FOR THE 1S ANID ENGR SL OyV UDO) AGNI IN( CM SLO)-VUD RO) o-VDIIOKWRVISINEE A. APPLICANT INFORMATION Full Legal Name: Zinnta. Health LLC (Last) Mailing Address: 530 Vewlport Certer wy, wessO 0, Newport Beach, CH 426 YP (Street) (City) State) _ (Zip) Telephone Number: (6%) 251-4020 Email: ‘he ka —_ 4 mail, COM Is the Applicant an: 1 Individual, §¢ Corporation, O) Partnership, 0 Other Uf 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: (1 Owner, % Tenant or Lessee, (1 Purchaser under contract (with consent of owner, (1) 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 CL] Check here if same as applicant. If the owner is not the applicant, please complete the following: Owner's Name: LS SP Cantecby ry, LLC j7 Address: 3 | Mallard Drw ey Llougd Harbor, Nu 74 3 Telephone Number: SIlg 579- (lO7T Email: Sc Ott @ lbutman fe. COM C. PROPERTY INFORMATION Street Address: 33 Ur, Peasant ANvenu eC. Block Number(s): S97 ; Lot Number(s): D-(y ; Tax Plate: ; Zone of Property: O R -> The location of the property is approximately Hr )O_ feet from the intersection of i 1, (e [asa at SN CA 2 and (No Wal Street (closest intersection.) Has there been any previous Zoning Board of Adjustment or Planning Board hearings involving this property? Cl Yes, Date(s): >MNo 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. +2 None [s this property listed in “The Historic Sites Survey” prepared by Robert Guter 7/9/1992. ©] Yes ye No TAPLANNING.BRD Document Librury\PB-ZBA Application $-20-15. doc

_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) O Interpretation of ordinance or map. 2) x Appeal of action of Zoning Officer. 3) O Variance “C1” Reason: C) shape of property; 0 physical features; O exceptional situation. 4) O) Variance “C2”, 5) xi Variance “D”, 6) ( Subdivision without variances: OJ major; 0 minor; O preliminary; O final; (preliminary and final. 7) O Subdivision with variances: ) major; minor; C1 preliminary; 0 final; Cpreliminary and final, 8) Cd Site Plan: OC preliminary; O final; Upreliminary and final; 0 with variances; 1 without variances. 9) () Amended Site Plan. (0) (4 Conditional Use. 11) O Conceptual. 12) (1 Home Professional Office. 13) CX Home Occupation. 14) (1 Soil Removal Permit. Please list the specific Sections of the Ordinance for which a variance is sought. [fadditional space is required, please attach a list. Section: ; Proposed: ; Description: Section: ; Proposed: ; Description: Section: ; Proposed: ; Description: Section: ; Proposed: ; Description: E. DESCRIPTION OF PROPERTY Existing Use of the Property Wacom ASS! ated \ wing Briefly describe the major elements of your proposal: (a more detailed description is required tn Section G.) See Rider. The property is q 5.0 lO (square feet); om a ( (acres) Impervious Surface Coverage: Present: ; Proposed: Uncyda nde Building Coverage: Present: ; Proposed: Is the property located: Within 200 feet of another municipality? C1 Yes ¥ No Adjacent to an existing or proposed county road? eB Yes LI No Adjacent to other county land? O Yes % No Adjacent to a state highway? QO) Yes SFNo TAPLANNINGBRD\ Document Cihrary|PU-ZBA pplication J-20-15.doc

F. EXPERTS The following information is respectfully requested to enable the Board to facilitate the processing of this application: APPLICANT'S ATTORNEY: U)j\\tacn Cy Sullivan, Jn Esa. Telephone Number: QO |) oho - | l [Ss Email: UJ4u | ly 1Van odzh- law, com Address: |5OQ Clove Rd, qth Hooc, Littte Falls, WT OT4aY APPLICANT’S ENGINEER: Telephone Number: ( ) Email: Address: APPLICANT'S ARCHITECT: Telephone Number: ( ) Email: Address: APPLICANT'S PLANNER: Sola Had enoudh Telephone Number: qB A2a- 60 I Email: 4 com Address: |O\_ Gibralter Drive Sui tet Morris Plains NT 07950 OTHER EXPERT(S): Telephone Number: ( ) Email: Address: If necessary, please list any additional experts below, including address, telephone number and email address. TAPLANNING BRDADecument Librars\PB-ZBA Application 4-20-15.doc

[ G. REQUIREMENTS FOR VARIANCES 4A) 4B) 4C-1) 4C-2) 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. 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). (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 NJ.S.A 40:53D-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 orily) 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 can 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 4F) Please list all maps and other exhibits accompanying this application. Attach an additional sheet if necessary. ITEM SIGNED BY DATE/REVISION Sui e DaNid B. sSwansa,ALS Tb fit _ I. NOTICE 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 hearing date. TAPLANNING.

nning 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. BRD\Ducument Lihrary\PB-ZBA Application 4-20-15. doe

Docusign Envelope ID: AB7A515D-D8BE-4316-A3EE-B5EE0C383C96 | J. VERIFICATION AND AUTHORIZATION | SIGNATURE [IS REQUIRED FOR ALL OF THE FOLLOWING: APPLICANT'S VERIFICATION { hereby certify that the above statements made by me and the information contained in the Papers submitted in connection with this application are true. [ am aware that if any of the foregoing statements are willfully false, I am subject to punishment. 7 DocuSigned by: Applicant’s Signature: | _farvisow kaboun Date:“—— 1GF793OD568SiC5.. 9/5/2024 CONTINUANCE Dooudignod by: Applicant’s Signature: Kavvisou. bateun Date: 9/5/2024 OWNER’S AUTHORIZATION — MUST BE SIGNED Thereby certify that I reside at 3] Me I a rel De : Lis nd Ha tho 7 in the County of SuPol le and the State of NV tu) Yoo and that I am the owner of all that certain lot, piece or parcel of land known as Block(s) ¥8 Lot(s) aG on the Tax Map o e3/ OW UiPrbich property is the subject of the above application, and that said application is hereby authorized by me. Furthermore, ! authorize inspection of the Which is the subject of this application. 9/5/2024 ~¢ Pet? = Date: Owner’s Signature: THIS APPLICATION DOES NOT RELIEVE THE APPLICANT FROM COMPLYING WITH OTHER TOWNSHIP ORDINANCES SUCH AS THE T. REE REMOVAL ORDINANCE AND OBTAINING THE NECESSARY APPROVALS AND PERMITS UNDER SUCH ORDINANCES. TAPLANNING SRDWDectunent Libren\Pu-ZBA Applicutiun 305. doe

RIDER TO APPLICATION FOR INTERPRETATION/USE VARIANCE 33 MT. PLEASANT AVENUE, BLOCK 88 LOT 26 Applicant LS SB Canterbury LLC (“Applicant”) is the owner of property located at 33 Mount Pleasant Avenue, Block 88 Lot 26 on the West Orange Tax Map. Applicant proposes to lease the property to Zinnia Health LLC, for the purpose of operating a residential behavioral health facility for the treatment of mental health disorders and other, often co-occurring disorders like substance abuse. The facility would operate as an extended stay facility where patients would typically remain for a period of approximately 30 - 60 days. For many years, the property was used for the Canterbury Assisted Living facility, which closed in 2023 and has been vacant since. Interpretation Request The property is located in the OB-2 zone, in which “hospitals” are a permitted use. By letter of July25, 2024, the West Orange Zoning Officer, Geniece Gary- Adams, concluded that the proposed use is not a “hospital.” As explained in her correspondence, the Ordinance does not define “hospital.” Therefore, Ms. Gary-Adams defaults to a definition from the New Jersey Department of Health (“NJDOH”), as follows: Facilities for the diagnosis, treatment or care of individuals suffering from illness, injury or deformity and where emergency, outpatient, surgical, obstetrical, convalescent or other medical and nursing care is rendered for periods exceeding 24 hours. Our research revealed a slightly different definition found in the NJDOH Hospital LicensingStandards, as follows: An institution, whether operated for profit or not, whether maintained, supervised or controlled by an agency of the government of the State or any county or municipality or not, which maintains and operates facilities for the diagnosis, treatment or care of two or more non-related individuals suffering from illness, injury or deformity and where emergency, outpatient, surgical, obstetrical, convalescent or other medical and nursing care is rendered for periods exceeding 24 hours. NJ.A.C. 8:43G-1.2 By letter of August 6, 2024, we explained our position to Ms. Gary-Adams. By letter of August 15, 2024, she responded, stating that because the Ordinance is silent on the definition of “hospital” and there are two different definitions in the NJDOH regulations, we should seek an interpretation from this Board. Therefore,