Filed Complaint with Exhibit

4 e. Number of stories greater than permitted; 2.5 stories permitted; 3 proposed. f. Building coverage greater than permitted; 40% permitted; 73% proposed. g. Lot coverage greater than permitted; 60% permitted; 82% proposed. h. Number of parking spaces less than required; 25 spaces required; 14 proposed. 12. Single-family residential, as existed prior to demolition, is not a permitted use in the B-2 Zone, nor is multi-family residential permitted without a commercial component. III. Procedural History 13. The Board held a hearing on the Application over six dates: June 5, 2024, August 7, 2024, September 4, 2024, November 6, 2024, December 4, 2024 and December 11, 2024 (hereinafter referred to collectively as the “Hearing”). 14. Plaintiff presented testimony of the following witnesses during the Hearing: a. Brittany Klimm, RA and Yogesh Mistry, RA, licensed architects; b. Aliasgar Rangwala, PE project engineer; c. Harold Maltz, PE, traffic engineer; and d. Mallory Clark, PP, AICP, professional planner. 15. The credentials of Plaintiff’s witness were accepted by the Board without objection. In addition, Plaintiff’s witnesses were available for and subjected to extensive cross-examination by the Board, its professionals, and by various other members of the public. 16. On June 5, 2024, the Board held the initial Hearing. Plaintiff was represented by Jason R. Tuvel, Esq. Plaintiff had Ms. Klimm sworn in as a licensed architect and presented testimony regarding the Proposed Development to the Board. 17. Ms. Klimm oriented the Board to the Property’s location; it being situated on theESX-L-001637-25 02/28/2025 2:34:16 PM Pg 4 of 32 Trans ID: LCV2025492774