Filed Complaint with Exhibit

3 preliminary and final major site plan approval along with conditional use approval and bulk variance relief pursuant to N.J.S.A. 40:55D-70(c) (hereinafter referred to as “Application”). 8. The Application proposed to develop the Property with a three- (3) story mixed-use development consisting of an approximately 900 sq. ft. commercial unit and 14 indoor parking spaces on the ground floor, with 2 floors containing 12 residential units above, along with other related site improvements (hereinafter referred to as the “Proposed Development”). 9. Throughout discussions with the Board’s consultants and in a meeting with the Downtown West Orange Alliance, it was determined that it would be impractical and undesirable to develop the Property with one of the permitted uses, and that the site was appropriate for the conditionally permitted use proposed. The Property is also located on the border between standard single-family residential areas and the more transit-oriented B-2 Zone on Main Street. The Property had also been the subject of a number of development conversations over the years, none of which came to fruition. 10. Plaintiff’s plan met the conditional use criteria, but due to unique characteristics of the Property required bulk variance relief. 11. The bulk variances required as part of the Application included: a. Front yard setback (Main Street) less than required; 25 ft. required; 5 proposed. b. Front yard setback (Park Drive North) less than required; 25 ft. required; 5.14 ft. proposed. c. Side yard setback (ground floor) less than required; 10 ft. required; 5.22 ft. proposed. d. Rear yard setback less than required; 30 ft. required; 8.16 ft. proposed.ESX-L-001637-25 02/28/2025 2:34:16 PM Pg 3 of 32 Trans ID: LCV2025492774