Filed Complaint with Exhibit

2 pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (hereinafter referred to as the “MLUL”). 3. The Property is located on Main Street and situated in the City’s General Business District (hereinafter referred to as the “B-2 Zone”) as set forth the Township’s Zoning Ordinance (hereinafter referred to as the “Zoning Ordinance”). 4. The Property is made up of three (3) tax lots. The Property measures 11,936 sq. ft. and is situated on the southwest corner of Main Street and Park Drive North. The B-2 Zone allows for mixed-use development as a conditional use under §25-24.2(b)(2)(m) of the Zoning Ordinance on lots measuring 5,000 sq. ft. or larger under the following conditions: (1) Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the B-1 and B-2 Districts: retail store, personal service store or studio, office, business or vocational school, restaurant, bar, massage, bodywork or somatic therapy establishment, and fitness center/health club; (2) One or more dwelling units shall be permitted on the upper floor(s) above any of the permitted ground floor uses in § 25-24.2b2(m)(1); (3) Access to upper floor uses shall be provided by means of a separate entrance than provided for ground floor uses; and (4) Minimum lot area shall be 5,000 square feet, and the minimum street frontage of such lot shall be 50 feet. The Board took jurisdiction of the Application (hereinafter defined) upon its determination that the Applicant meets the above-referenced conditions. 5. The Property is adjacent to a mixture of single-family, commercial, and multifamily uses. 6. The Property is currently vacant. II. The Application 7. Plaintiff filed an application with the Board on or about January 29, 2024 forESX-L-001637-25 02/28/2025 2:34:16 PM Pg 2 of 32 Trans ID: LCV2025492774