ltr Diane Chandler encl application package 9624

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,

ting 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, we are filing this application for an interpretation and, if the Board upholds Ms. Gary-Adams’ interpretation, we are applying for a use variance so that the Applicantcan move promptly to a decision on the project. 4889-4793-0337, v. 1