DRAFT Justification for Relief 4925 6348 3224 v1 rcd 7 20 25

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; Revised July 16, 2025 RE: Justification for Variance and Site Plan Approval – 66 Franklin Avenue Development, West Orange, NJ Justification for Relief – 66 Franklin Avenue Development Proposal (Revised to Remove D Variance; Parking as Accessory Use) I. Introduction On behalf of M Vega Investments LLC (“Applicant”), this memorandum is submitted in support of the application for preliminary and final major site plan approval, including necessary ‘C’ variances, for the redevelopment of 66 Franklin Avenue (Block 134.02, Lots 75.03, 79, and 81) in West Orange, New Jersey. The Applicant proposes to modernize and repurpose the existing 10,000 sq. ft. commercial property, located in the B-1 Retail Business Zone, for retail use with associated parking and landscaping improvements. II. Variances Requested The Applicant is seeking only ‘C’ variances to address minor deviations from bulk zoning requirements, such as setbacks, lot coverage, and other dimensional standards. No ‘D’ (use) variance is required, as the proposed retail use is permitted in the B-1 zone. The parking and vehicle storage are accessory to the principal retail business and do not constitute a separate principal use. Accordingly, the parking of business vehicles and customer cars is a customary and permitted accessory use, and no D variance is necessary. III. Accessory Parking and Vehicle Use The parking area will be used exclusively in connection with the Applicant’s retail and landscaping business. The site will accommodate a total of eight (8) parking spaces, which will include spaces for both customer vehicles and business vehicles. Specifically, up to five (5) Ford F-550 trucks with dump landscape bodies (each approximately 15 feet long and 7 feet wide, with a gross vehicle weight of 19,500 lbs) will be parked on site. These trucks will depart the property each morning at approximately 7:30 AM and return between 5:00 PM and 6:00 PM. The parking lot will otherwise be available for customer and employee vehicles during regular business hours. IV. Legal and Planning Justification A. Positive Criteria – Advancing the Purpose of Zoning