Ltr Chandler Requesting Extension 4925

RS Law Offices of 75 Main Street, Suite 201 . . Rick@SchkolnickLaw.com Millburn, NJ 07044 Richard Schkolnick, LLC SchkolnickLaw.com 973-232-5061 April 9, 2025 VIA Overnight Delivery and Email Diana Chandler, Secretary Board of Adjustment Township of West Orange 66 Main Street, Room 210 West Orange, NJ 07052 Re: 89 Ashland Avenue, LLC: ZB-22-09 87and 89 Ashland Avenue Block 61, Lots 44 and 45 Dear Diana: This firm represents 89 Ashland Avenue, LLC. Enclosed please find the following: 1. Resolution of approval, memorialized January 19, 2023 (approving a two-unit addition to a then-existing six unit structure). 2. Affidavit of Publication of Notice of Decision, dated February 2, 2023. 3. Deed, recorded March 12, 2024. 4. Resolution “compliance” plans (excerpts), signed by Chairman, Secretary, Engineer, confirming resolution compliance. West Orange Land Use Regulation Section 25-48.10 requires that when final site plan approval is granted the building or construction permit must be “secured and issued” within two years and one day after the approval. The Board is permitted to extend the time period “for good cause shown” after public notice of such an application. Similarly, pursuant to the Municipal Land Use Law, the vesting rights associated with final site plan approval expire after two years. N.J.S.A. 40:55D-52. A board may grant up to three, one year extensions. N.J.S.A. 40:55D-52(a).

Diana Chandler, Secretary Page Two April 9, 2025 The Applicant is committed to filing for permits and completing this project, but seeks a retroactive 9 month extension of its approvals, pursuant to both West Orange Section 25-48.10 and Section 52(a) of the MLUL. The Applicant’s basis for this extension is three fold. First, uncertain economic conditions related to rising interest rates and construction costs have impacted the economics of the project. Second, there was a fire at 89 Ashland Avenue in December 2024 in the existing (and adjacent) 6 unit structure that has created a need for capital expenditures at this building, and has otherwise delayed the project. And, third, the Applicant purchased an adjacent property (located at 97 Main Street) and has pulled permits to renovate this structure. The principal of the Applicant desires to move forward with the construction work at both sites at the same time. Finally, the Applicant has not ‘slept on its rights.” Since the January 2023 approval, the Applicant has moved forward with the project by completing resolution compliance, including carrying out the required lot consolidation. The Applicant’s principal will testify at the public meeting on this matter that it has engaged the architect to complete the detailed construction drawings and intends to submit for code approvals in the next 60 to 90 days. We are not aware of any changes to the zoning ordinance or any material changes to the neighborhood that have taken place since the approval that would impact the conditions surrounding the prior application/approval. Thank you for your attention to this matter. Very truly yours, Richard §. Schkolnick Richard 8. Schkolnick RSS:lp Enclosure

RESOLUTION ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE APPLICATION: 89 Ashland Avenue, LLC ZB-22-09 WHEREAS, 89 Ashland Avenue, LLC (the “Applicant”) owner of the property located at 87-89 Ashland Av Avenue, West Orange, New Jersey also known as Block 61, Lots 44 & 45, on the tax Map of the Township of West Orange and located in the “I” zone, applied to the West Orange Zoning Board of Adjustment (“the Board”), for preliminary and final site plan approval with a a2)” use variance for expansion of a non-conforming use, and 4 “c” variances, to wit, a “c” variance for maximum lot coverage of 90.8% when 73% is existing and 75% is the maximum lot coverage permitted; a “c” variance for minimum space between a curb and a fence, screening or structure of 0.00 feet when 5 feet is required and the existing space is 0.00 feet; a ‘“c” variance for minimum driveway width for a two-way driveway of 20 feet when 16 feet is existing and 24 feet is required; and a “c” variance for provision of 9 parking spaces when 15 are required and approximately 10-16 un-striped spaces are existing, all to add a three story addition to an existing apartment building on the adjoining lot; and WHEREAS, the Applicant presented proof that adequate notice of the hearing on the application was published in the West

Orange Chronicle, one of the official newspapers of the Board; and WHEREAS, the Applicant submitted proof of notice of the hearing upon all property owners within 200 feet of the property and all others required to receive notice; and WHEREAS, the Application was heard at a public meeting of the Board held on December 15, 2022; and WHEREAS , the Applicant was represented by Richard Schkolnick Esq.; and WHEREAS, the Applicant presented the testimony of Joaquin Bouzas, R.A., a licensed professional architect of the State of New Jersey, who was accepted by the Board as an expert in the field of architecture, Mr. Bouzas testified that he prepared and sealed the architectural plans that were part of the Application submission, which he reviewed with the Board, and also that the fagade will be full brick, and that the ceiling of the pass through area for the cars will be a 2 hour fire rated ceiling; and WHEREAS, the Applicant offered the testimony of Anthony Marucci, P.E., &.S., P.P, a licensed professional engineer of the State of New Jersey and a licensed professional planner in the State of New Jersey, who was accepted by the Board as an expert in the fields of civil engineering and planning, Mr. Marucci testified that the Applicant proposes 9 parking spaces, including 2 electric vehicle charging spaces, giving the

Applicant credit for 11 spaces, that the plan calis for a formalized drainage system, that he reviewed the letter of Board Engineer John Hess dated November 28, 2022 and testified about the questions Mr. Hess had in his letter for items 3, 7 and 9 of that letter; and WHEREAS, Mr. Marucci aiso testified as a professional planner, and stated that he believes the expansion of a non- conforming use apartment building use can be granted because the property is surrounded by residential properties, that the Application satisfied many of the statutory purposes of the Municipal Land Use Law, including the promotion of public health, safety morals and the general welfare by providing additional rental units to contribute to viability of neighborhood and local business, to secure safety as the new building will contain a fire sprinkler system, to provide adequate light, air and open space because the project maintains the open space in the rear of the proposed and existing buildings, and to promote a desirable visual environment by creating a new building in scale and setback with existing buildings on the street; that the negative criteria have also been met in that the project presents no detriment to the public good, or the surrounding properties and no impairment to the Zoning Ordinance or Zoning plan; and that the parking variances can be granted because the parking lot will be striped and 3 {00263426.D0C}

improved, providing nine spaces plus a credit of two additional Spaces for the electric vehicle charging spaces, there will be one space for each apartment, and that he believes the parking to be adequate because when he performed a parking survey, on four separate occasions, 8-10 spaces were open and only 5 cars were parked in the lot; that the impervious coverage is increasing but the Applicant is putting in a new drainage system, that the Application is in accordance with the Master Plan in that is provides appropriate density to an existing structure, that the Applicant will consider an all-electric new building with 300 amp service, and that the variances can be granted without substantial impairment to the public good, and that it will not impair the general purposes of the Township’s Zone Plan, Master Plan or Zoning Ordinance; and WHEREAS, members of the Board questioned the Applicant’s attorney and its witnesses; and WHEREAS, there were no questions for the Applicant’s witnesses from any member of the public and there was no public comment to the Application; and WHEREAS, the Board considered the report cf John Hess, P.E. of CME, Consulting Engineers for the Township of West Orange dated November 1, 2022, and his testimony at the hearing; and 4 {00263426.DOC}

WHEREAS, the Board considered the report of Paul Grygiel, Township Planner dated November 30, 2022, and his testimony at the hearing; and NOW THEREFORE, the Board hereby makes the following Findings of Fact and Conclusions of Law: 5 A. The Applicant is the owner of the property located 87-89 Ashland Avenue, also known as Block 61, Lots 44 & 45, located in the “I” zone, on the tax map of the Township of West Orange. The Applicant requires preliminary and final site plan approval with a “d(2)” use variance for expansion of a non- conforming use, and 4 “c” variances, to wit, a “ce” variance for maximum lot coverage of 90.8% when 73 % is existing and 75% is the maximum lot coverage permitted; a “c” variance for minimum space between a curb and a fence, screening or structure of 0.00 feet when 5 feet is required and the existing setback is 0.00 feet; a “ce” variance for minimum driveway width for a two-way driveway of 20 feet when 16 feet is existing and 24 feet is required; and a “oc” variance for provision of 9 parking spaces when 15 are required and approximately 10-16 un-striped spaces are existing, all to add a three story addition to an existing apartment building. {00263426.DOC}

C. The Board finds that the Applicant has met the positive and negative criteria for the grant of the “d” variance because the Application satisfied many of the statutory purposes of the Municipal Land Use Law, including purposes a, b, c, e and i. D. The variance can be granted because it does not present any negative effect on surrounding properties. E.On balance, the positives of this Application outweigh the detriments of this Application and the purposes of the Municipal Land Use Law will be advanced by the grant of the requested “DY and “C” variances and granting the requested variances will not be a substantial detriment to the public good and will not substantially impair the general purposes of the Township's Zone Plan, Master Plan or Zoning Ordinance. NOW THEREFORE BE IT RESOLVED, that the Zoning Board of Adjustment of the Township of West Orange, based upon the findings and conclusions aforesaid, and upon the Laws established in the State of New Jersey grants the following variances and waivers: 1. Preliminary and Final Site Approval. 2,A “d(2)" use variance for expansion of a non-conforming use as a residential apartment building. 3.A “c” variance for maximum lot coverage of 90.8% when 73 % is existing and 75% is the maximum lot coverage permitted. 6 {00263426.D0C}

4.A “c% variance for minimum space between a curb and a fence, screening or structure of 0.00 feet when 5 feet is required and the existing setback is 0.00 feet. 5.A “c” variance for minimum driveway width for a two-way driveway of 20 feet when 16 feet is existing and 24 feet is required. 6.A “c” variance and a RSIS waiver for provision of 9 parking spaces when 15 are required and approximately 10-16 unstriped spaces are existing. BE IT FURTHER RESOLVED that the grant of said variances shall be conditioned upon the Applicant’s full and complete satisfaction of the following conditions: 1. Natural gas shall be used in the new apartments for stove and furnace only. 2. The two lots will be consolidated in a deed to be approved by the Zoning Board counsel. 3. All conditions hereby listed will appear on the cover sheet of the final plans and are made an integral part of this approval. 7 {00263426.DOC}

A motion to grant the Application as set forth above was made by Chairman Neuer and seconded by Ms. Weiss and voted upon as follows: Ayes Nays Abstentions Eben ¥ Redwine Y Schwarzbaum YX Sussman Y Weiss ¥ Neuer ¥ Those in Favor: Those Opposed: Abstention: I hereby certify that the foregoing Resolution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of January 19, 2023, and that said Resolution memorializes the action of the Zoning Board taken at its meeting held on December 15, 2022 granting the application by a vote 6 in favor, 0 against and 0 abstentions. January 19, 2023 un So Chabllh? Diana L. Chandler, Board Secretary 8 {00263426.DOC}