TFE 81 Northfield Interpretation Request Application Digital Copy 1142416095411

WATERS, MCPHERSON, MCNEILL Diana Chandler-Zimmermann ‘A PROFESSIONAL CORPORATION November 4, 2024 Page 2 appeal of a prior denial of the Township Zoning Official, facts relating to such a recent denial at the property in question are presented here so as to appropriately frame, in the proper context, the relatively straight forward issue for which the instant interpretation is sought. Summary of Request for Interpretation As noted above, while not technically an appeal of a specific decision of the Township Zoning Official, NAR’s request for interpretation of the applicable provisions of the Ordinance is most efficiently presented by way of using an actual recent such decision to provide context and a very specific example for the instant request. When framed in this context, it is NAR’s belief that the interpretation of the Ordinance presented here is readily apparent, and the only rational conclusion to be drawn, and frankly, that a request of the obvious nature presented here, should not even require an interpretation to clarify. By way of direct background, NAR is the owner of the real property located at 81 Northfield Ave, West Orange, New Jersey (designated as Block: 71.01, Lot: 43 on the Official Tax Map of the Township) (the “Property” or the “Premises”)). The Property is in the “OB-1” (office building) zoning district, as set forth in Section 25.3.1 of the Ordinance. The Property is approximately 1.99 acres in size and improved with an approximately 21,000 s/f, three-story, multi-tenant, office building, which is a permitted use in the OB-I district, and 110 surface parking spaces for use of the building’s office tenants. As per the Ordinance, permitted principal uses in the OB-1 zone include office buildings, and permitted accessory uses include “required accessory parking.” Elite Fleet Transportation Limited Liability Company (“Elite”) is a current tenant at the Property, where its main offices are located. Elite, as part of its core business operations, provides accessible medical transportation services to clients with special medical needs, that otherwise lack mobility or vehicular access. These services are provided using several handicapped accessible vans owned by Elite, and driven by Elite employees, who pick up and drive Elite’s clients to and from various locations throughout the day and evening. Elite employees typically pick up the

accessible vans owned by Elite, and driven by Elite employees, who pick up and drive Elite’s clients to and from various locations throughout the day and evening. Elite employees typically pick up the vans at the Property for each shift, and when not in use, the vans are parked in the Property parking lot, in a secluded area away from the building itself, that is reserved specifically for the parking of these vehicles. All of Elite’s other office and business functions are carried out at the Property in the office space Elite rents. On August 16, 2024, Elite was advised by the Township Zoning Official’s office, via email that its business was “not approved” as “the storage of vans and ambulances is not allowed.” Upon further communications and discussion with Township representatives, it became apparent that the fact that these vans were parked at the Property overnight was a primary reason that the business was “not approved”. Given this denial (and the accompanying demand by the Township that the vans be removed from the Property) and its impact upon Property and the present and future leasing thereof, NAR now submits the instant request for what seems to be a very logical and obvious interpretation of the Ordinance, to confirm and acknowledge that the parking of vehicles directly relating to the primary, permitted principal use of the Property by a tenant, including the parking of these vehicles onsite overnight, falls within the scope / definition of “required accessory #1606835v1