Submitted Application 10232024 4872 5331 9410 v1 rcd 10 23 24

SUPERCEDED TO READ AS FOLLOWS 25-9.10 Home Professional Office. A home professional office must meet the following conditions: a. The home must be located on one of the following streets or roadways: Pleasant Valley Way, Mount Pleasant Avenue, State Highway 10, Northfield Avenue, Main Street, Prospect Avenue, Gregory Avenue, Old Short Hills Road, Eagle Rock Avenue, Park Avenue, Washington Street, Harrison Avenue, Valley Road or South Valley Road. b. The professional use must be located on the entry level, and shall not occupy (i) more than filly (50%) percent of the entry level and (ii) shall not exceed one thousand (1,000) square feet. c. A site plan indicating the part of the premises, with square footage, to be used shall be submitted to the Planning Board for approval. A Certificate of Continued Occupancy, or Certificate of Occupancy, shall be required. Amended site plan approval and a new Certificate shall be required for any change of the profession practiced on the premises. d. The applicant shall submit evidence that he or she has the degree, certificate or license of the profession for which the premises are to be used. e, Not more than three (3) people, including the resident of the home and staff, can work in the professional activity on the premises. f. A sufficient number of spaces shall be provided for off-street parking for residents of the home and staff personnel. g. A name plate, not exceeding one (1) square foot in area, may be used after obtaining a sign permit from the Planning Department. No interior illuminated lighting in the sign shall be permitted; and only the name of the professional and the profession shall appear on the sign which shall be within the property lines not more than five (5) feet high, and shall be located within the property lines of the site. No signs shall be posted in windows. b. [fa home is located on a comer lot, and one of the adjacent streets is listed in paragraph a, a home professional office, otherwise subject to we cequirements of this ordinance is permitted. Vv. HAPTER 25-11.10. SHALL BE AND HEREBY SUPERCEDED TO READ AS FOLLOWS: 25-1110 Outdoor Cafes in the B-1, B-2 and PC Districts. Outdoor cafes shall be permitted subject to the standards and conditions of Section 5-10 of Chapter V, General Licensing, of the Revised General Ordinances of the Township of West Orange and in conjunction with

fes shall be permitted subject to the standards and conditions of Section 5-10 of Chapter V, General Licensing, of the Revised General Ordinances of the Township of West Orange and in conjunction with the following conditions: IS_AMENDED AND a. Adequate access for emergency response personnel must be allowed to the main entrance of the serving establishment from the outdoor serving area as defined by Township fire regulations. b. Adequate sidewalk access (at least four (4) feet) must be maintained for easy passage of pedestrians on any public sidewalk or right-of-way. ¢. Some form of formal space delineation, such as a removal fence, may be required during cafe business hours to define sidewalk space fram cafe space. d. Outdoor or patio type furniture must be used; upholstered furniture is prohibited.

ec. Street furniture (seating, tables, fencing, ete.) must be moved into the serving establishment when the outdoor cafe is not open for business. f Cleanliness of the outdoor serving area is the responsibility of the serving establishment. g. Signage, in addition, to that permitted for the serving establishment pursuant to Section 25-15, is prohibited. h. A sketch showing the proposed location of tables, chairs and umbrellas shall be prepared and submitted to the Director of Planning and Development for approval prior to the use of the sidewalk area. i. The use of the described locations shall be authorized by a sidewalk cafe permit issued by the Director of Planning upon compliance by the applicant with the requirements of this paragraph and the payment of an annual fee of fifty ($50.00) dollars, j. Any permit issued by the Director of Planning shall designate the hours of operation of any sidewalk cafe but in no event may a sidewalk cafe remain open alter 11:00 p.m. on Sunday through Thursday or after 12:00 midnight on Friday, Satirday and legal holidays, k. Nothing herein shall be deemed to be a waiver of the provisions of any health and/or licensing ordinance regulating the operation of a sidewalk cafe, VI. CHAPTER 32-3 SHALL BE AND HEREBY IS AMENDED AND SUPERCEDED TO READ AS FOLLOWS: 32-3. Approving Agency; Administration. The approval provisions of this chapter shall be administered by the Planning Board or Zoning Board of Adjustment in accordance with Sections 25-46 7b and 25-47.8d of Chapter XXV, Land Use Regulations. VI. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township which are in conflict fn this Ordinance are hereby repealed to the extent of such conflict. VIN, SEVERABILITY Ifany part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance,

IX. EFFECTIVE DATE This Ordinance shall take effect upon final passage and publication in accordance with the law. fo A repo President . Robert “Parisi, Mayor a 2 Introduced: September 29, 2015 Adopted: October 27, 2015 Approved as to fornt on the basis of the facts provided:

2464-15 Legislative History This ordinance is drafted as an additional part of the overhaul of the Municipal Code governing the zoning for the Township of West Orange. These revisions are another set of revisions approved and proposed by the Township of West Orange Planning Board and Zoning Board of Adjustment. 4824-7734-6084, v4

Revised September 19, 2008 PUBLIC UTILITIES PSE Via ELECTRIC & GAS Public Service Electric & Gas Company Manager - Corporate Properties 80 Park Plaza, T6B Newark, NJ 07102 WATER ‘New Jersey American Water Company 167 John F. Kennedy Parkway Short Hills. NJ 07078 CABLE TV Comeast Cablevision 800 Rahway Avenue Union, NJ 07083 TELEPHONE Verizon 540 Broad Street Newark, NJ 07101 SEWER Township of West Orange Municipal Building 66 Mait} Street West Ofange, NJ 07052 Joint Meeting of Essex and Union Counties 500 South First Street Elizabeth, NJ 07202 City of Orange Township 29 North Day Street Orange, NJ 07050 ESSEX COUNTY If property address is on a county road, please provide notice to: Essex County Planning Board 900 Bloomfield Avenue Verona, NJ 07044 F Forms & ‘Awards\PH-FORMS\Wiilities {st

ZONING BOARD OF ADJUSTMENT THE es WEST ORANGE RESOLUTION ZB-21-01 M. Vega Investments, LLC WHEREAS, M. Vega Investments, LLC, the (“Applicant”), with an address of 66 Franklin Avenue, West Orange, New Jersey, 07052, owner of property located at 66 Franklin Avenue, West Orange, New Jersey, also known as Block 134.02, lots 75.03, 79 and 81 on the Tax Map of the Township of West Orange and located in the B-1 (Retail Business) zone, applied for preliminary and final site plan approval with a “D-1" use variance, and several “co” bulk variances for its plan to expand an existing building to add a residential unit and to use another portion of the lot for commercial vehicle parking (“the Application); and WHEREAS, the initial application sought the following Yertances: (1) A “da”(1) use variance for commercial vehicle parking; {2} A “c” variance for minimum front yard of 5.2 feet when 7.9 feet is existing and a 30 foot front yard is required; (3) A “ec” variance for maximum lot coverage of 81% when 85% is existing and 75% is permitted; (4) A “c” variance for a 3 story building when 4 is existing and 2.5 stories is the maximum number of stories permitted; 2515356,1

(5) (6) (7) (8) (9) (10) (11) A “ce” variance for a six foot high fence in the front, side and rear yards when same is only permitted in the side and rear yards; A “c” variance for a 5.1 foot buffer strip when none is existing and a twenty foot buffer strip is required; and A ‘c” variance for no curb setback from a fence, screening ox other structure, when 0 feet is existing and 5 feet is required; A “c” variance for a two-way driveway width of 20 feet when 24 feet is required; A “c" variance for parking area lighting of 1.5 foot— candles when 2.0 foot-candles is the minimum lighting required; A “c” variance for a 39 square foot sign when the maximum sign permitted is 33 square feet; and A\|"“c” variance for sign height of 3 feet |when 2 feet is the maximum height permitted; and WHEREAS, during the course of the hearing, the Applicant modified the attic space of the residential dwelling to bring the height of the building to 2 and % stories, eliminating the need for a variance to permit the construction of a 3 story structure; and WHEREAS, the Applicant presented proof that adequate notice of the hearing on the application was published in the West 2 2515358.1

Orange Chronicie, 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 public meetings of June 16, 2022, September 15, 2022 (no testimony taken due to unavailability of Applicant’s attorney), January 19, 2023 and February 16, 2023; and WHEREAS, the Applicant was represented by attorneys from Murphy, Schiller and Wilkes, LLP. and WHEREAS, the Applicant offered the testimony of Nicholas Salerno, 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. Salerno testified that the site contains an existing 22 x 80 foot masonry structure on to which the Applicant seqks to add a 2 story residential wood Erdme structure, with the lower level and basement continued to be used for office space and storage for the Applicant’s commercial business, that the structure will house a one family dwelling with 3 bedrooms and stairs to an attic of 560 square feet; and WHEREAS, the Board questioned Mr. Salerno extensively about the Applicant’s intended use of the attic, and if not for residential use why a full access staircase to the attic was necessary, and (2545358.1

WHEREAS, the Applicant offered the testimony of Josh Kline, a licensed civil engineer of the State of New Jersey who was accepted by the Board as an expert in the field of civil engineering, Mr. Kline testified about existing site conditions and the site plan and storm water plan to convert existing lot into a parking lot for commercial vehicles, with all new lighting with a dimmer feature, a security gate, that there is no plan for material storage outside the building, the type of vehicles the Applicant plans to park on site, a trash collection area, the plans for striping of the parking lot and signage, and that there are no spaces proposed to be dedicated to the residential unit; and WHEREAS the Applicant offered the testimony of Matthew Seckler, a licensed professional engineer and planer with experience in the field of traffic engineering, who was recognized by the Board as an expert in the field of traffic engineering, Mr. Seckler testified that there will be no change in traffic generation from this site as a result of the proposed improvements, so that the proposal presents a de- minimus change in traffic to the area, that he calculates 10 parking spaces are required (four for the commercial unit, four for the storage space and 2 for the residential use) and that 11 are proposed, that the Application includes a wide circular aisle for the hitching of trailers; and WHEREAS, the Applicant offered the testimony of Afton Savitz, a licensed professional engineer of the State of New Jersey, who was recognized by the Board as a professional in the 4 2515358.1