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