Response to Completeness 3282025 rcd 4 1 2025

Memorandum: Justification for Relief — 66 Franklin Avenue Development Proposal To: Gerard M. Haizel, PP, AICP, Planning Board Planner CC: Diana P. McGovern, Esq., Planning Board Attorney From: Roosevelt J. Donat, Esq., Special Counsel at Murphy Schiller & Wilkes LLP Date: March 28, 2025 Re: Request for Variance and Site Plan Approval — 66 Franklin Avenue, West Orange, NJ |. Introduction On behalf of M Vega Investments LLC (“Applicant”), | submit this memorandum in support of its application for preliminary and final major site plan approval, including necessary variances, to redevelop 66 Franklin Avenue (Block 134.02, Lots 75.03, 79, and 81) in West Orange, NJ. The Applicant seeks to modernize and repurpose the existing 10,000 sq. ft. commercial property in the B-1 Retail Business Zone. The site currently includes a 1-story masonry building, a detached shed, and a parking area used as a contractor's storage yard. The proposed redevelopment will convert the building for retail use, incorporating eight parking spaces, enhanced landscaping, and curbing. Stormwater runoff will be managed through an inlet system, directing water to an existing storm manhole. The requested relief will optimize property use, promote economic growth, and align with West Orange’s development objectives while maintaining compliance with key zoning regulations. Il. Requested Variances The applicant is seeking variance relief, including both 'C' and 'D' variances, to facilitate the proposed development. The 'C' variances are required to address deviations from bulk zoning requirements such as setbacks, lot coverage, and other dimensional standards, ensuring the project can proceed despite nonconformities with the zoning ordinance. Additionally, the applicant is requesting 'D' variances to permit deviations from use regulations, specifically for the renovation of the existing 1-story building into a retail business. Moreover, the applicant requires Preliminary and Final Major Site Plan Approval from the West Orange Zoning Board to ensure full compliance with township zoning and land use regulations. Ill. Legal & Planning Justification for Relief A. Positive Criteria — Advancing the Purpose of Zoning Pursuant to N.J.S.A. 40:55D-2, the proposed redevelopment furthers multiple core zoning objectives: 1. Enhancing the General Welfare (§ 40:55D-2a) co The project revitalizes an

the Purpose of Zoning Pursuant to N.J.S.A. 40:55D-2, the proposed redevelopment furthers multiple core zoning objectives: 1. Enhancing the General Welfare (§ 40:55D-2a) co The project revitalizes an underutilized site, transforming it into a productive mixed-use space that contributes to the economic and social vitality of the area. 2. Providing a Balanced Land Use Plan (§ 40:55D-2g)