TFE 81 Northfield Interpretation Request Application Digital Copy 1142416095411

WATERS, MCPHERSON, MCNEILL Diana Chandler-Zimmermann A PROFESSIONAL CORPORATION November 4, 2024 Page 5 related to the primary and permitted office use of the site, is “naturally and normally incident and subordinate to the principal use” of such a site and thus falls under the definition of “required accessory parking” and thus is a permitted accessory use at such a location. In denying the Elite application, the Township specifically cited the “storage” of vehicles at the Property as not being permitted (and apparently the overnight element of the parking in such instance is a primary contributing factor as to why such parking is being considered “storage” in this instance), and thus, the reason for the denial Elite’s permit request. It is respectfully submitted that this interpretation does not at all follow the intent of the Ordinance. As previously noted, terms that are not defined in the Ordinance or the MLUL must be given their generally accepted meaning in interpreting the zoning ordinance. Given that “storage” is not defined in either regulation, the plain meaning of the term must again be considered here. Merriam-Webster’s dictionary defines storage, in relevant part as, “To place or leave in a location (such as a warehouse, library, or computer memory) for preservation or later use or disposal”. This is not a definition applicable to the use contemplated by Elite’s parking of a small number of vehicles at the Property when not in use. The vehicles in question here are used regularly, and at all hours of the day (including evening and nighttime hours at times), on a daily basis, to provide a critical and inherently beneficial service to individuals who are unable to otherwise secure transportation. These services are coordinated directly from the office facility located at the Site. This is not a case of vehicles being “stored” or abandoned for long periods of time with little or no use of the vehicles occurring. Put simply, all vehicles must be parked somewhere when not in use (otherwise parking of any vehicle anywhere overnight would be considered “storing” such a vehicle), and given that these vehicles are used directly in support of the office business being conducted by Elite at the site, it follows that the parking of these vehicles at the site, where they can be accessed at a moment’s notice, is only logical. With respect to the physical

usiness being conducted by Elite at the site, it follows that the parking of these vehicles at the site, where they can be accessed at a moment’s notice, is only logical. With respect to the physical location on the site where the vehicles are being parked, it should also be noted that the parking of these vehicles is set up in a way so as to minimize any impacts thereof as much as possible. The parking spaces assigned to Elite are marked in green on the site map included with this submission. The allocated parking spaces, which are specifically reserved for Elite for parking of the vehicles in question, are all located together in a relatively isolated corner of the parking lot, so as to not otherwise occupy what most would consider to be “prime” parking spaces and do not create any issues with respect to parking elsewhere on the site. The site is improved with a significant number of parking spaces (in excess of what the Ordinance requires in terms of parking spaces for the Property), and thus, the spaces being dedicated to the parking of the vans in question here are not needed to ensure parking flow and access for the rest of the site and its tenants. Moreover, the Ordinance, like all other zoning ordinances throughout the State of New Jersey, requires that ample parking be available and provided in connection with virtually any proposed use or a property, regardless of what zone it may be located in. One of the main reasons that municipal zoning ordinances include parking requirements is to ensure that a particular use of a site does not create offsite parking issues in the surrounding area. Here the accessory parking contemplated is strictly confined to an area of the site in question so that such parking is provided #1606835v1