481 Eagle Rock Ave ZB 24 11 Planning Review October 8 2024

14 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Conclusions The application involves the expansion of existing operations at the rear portion of the site at 481 Eagle Rock Avenue, which according to the applicant was verbally approved by the zoning officer in 2021. While the applicant has not provided any material evidence to that statement, Wonder Group, Inc,, current operations without any zoning violations may be considered by the Board this existing use is legally pre-existing as approved as part of an extension of the banquet hall, which has since ceased operations. The proposed expansion of a legally pre-existing nonconforming use must still demonstrate the positive and negative criteria, but there is already a presumption of site suitability. If the Board determines this use is not legally pre-existing because the applicant fails the provide material evidence, the applicant must also demonstrate site suitability. Respectfully submitted, George Wheatle Williams, PP, AICP Principal, Nishuane Group, LLC. Erik DeLine, PP, AICP, LEED AP Associate, Nishuane Group, LLC.