Submitted Application 10232024 4872 5331 9410 v1 rcd 10 23 24

field of civil engineering, Ms. Savitz was asked about a solid waste management plan (which had not been submitted), whether COAH ordinance was implicated by the proposed improvements, testified in response to the Board’s consulting engineer’s issues as stated in his review letter, and how the plans have been revised to provide for 10 parking spaces instead of 11 to provide larger turning radius for trucks, while still remaining in compliance, that there would be a dedicated parking space for the residential unit and lastly outlined the plan for the automatic gate that will allow entry into the fenced parking area; and WHEREAS, Manuel Vega, owner of the Applicant, testified that he consented to several of the Board’s proposed conditions, including that only his vehicles will be parked on site; and WHEREAS, the Applicant offered the testimony of John McDonough, a licensed professional planner of the State of New Jersey, who was accepted by the Board as an expert in the field of planning, Mr. Peeere testified that in his opinion the Applicant had demonstrated the positive and negative criteria necessary to allow the Board to grant the requested variances and that such could be granted without substantial detriment to the surrounding properties, the West Orange Master Plan or the West Orange Zone plan; and WHEREAS, the following exhibit was marked into evidence: (2515358.1

WHEREAS, a -: 57 Ridge Road questioned the Applicant’s witnesses; and WHEREAS, the Board considered the reports of Paul Grygiel, Planning Director of the Township of West Orange, dated February,2021 and November 24, 2021 with revision dates of January 28, 2022 and August 8, 2022, and his testimony at the hearings; and WHEREAS, the Board considered the reports of John Hess, of CME, consulting engineers for the Township of West Orange dated December 8, 2021, January 18, 2022, August 10, 2022, September 13, 2022, October 12, 2022 and his testimony at the hearings; and WHEREAS, fd 57 Ridge Road, spoke in opposition to the Application, indicating that the current condition of the property indicates that the Applicant shows a lack of respect for the property and its ne iotbors and asked the Board to deny the Application. NOW THEREFORE the Board hereby makes the following Findings of Fact and Conclusions of Law: oS The Applicant is the owner of the subject property at Block 134.02, Lots 75.03, 79 and 81, located in the B-1 zone. 2. The Applicant requires “D-1” use variance for commercial vehicle parking, and 9 “c” bulk 2515358,1

variances as follows: (1) 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; (2) a “c” variance for maximum lot coverage of 81% when 85% is existing and 75% is permitted; (3) a “ce” variance for a six foot fence in the front, side and rear yards when same is only permitted in the side and rear yards; (4) a “c” variance for a 5.1 foot buffer strip when none is existing and a twenty foot buffer strip is required; (5) a “c” variance for no curb setback from a fence, screening or other structure, when 0 feet is existing and 5 feet is required; (6) a “ce” variance for a two-way driveway width of 20 feet when 24 feet is required; (7) a “ec” variance for parking area Lidnting of 1.5 foot-candles when a minimum of 2.0 foot-candles of lighting is required; (8) a “c” variance for a 39 square foot sign when the maximum sign permitted is 33 square feet; and (9) a “c” variance for sign height of 3 feet when 2 feet is the maximum height permitted all for its plan to expand an existing building to add a residential unit and to use another 2515356.1

portion of the lot for commercial vehicle parking. A motion for approval with 13 conditions was put forth by Chairman Neuer, and seconded by Mr. Barbee and voted upon as follows: Ayes Nays Abstentions Barbee yes to approve Eben no to approve Scalora yes to approve Scott no to approve Weiss abstain Neuer yes to approve NOW, THEREFORE, BE IT RESOLVED by the Zoning Board of the Township of West Orange, that the resolutitén to approve the Application which includes a “d” use variance, having failed to achieve five affirmative votes, means the Application is hereby denied. (2515358.1

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 April 20, 2023 and that said Resolution memorializes the action of the Zoning Board taken at its meeting held on February 16, 2023 denying the application by a vote 3 in favor of approval, 2 against approval, and 1 abstention. April 20, 2023 Board Secretary 2515358.1

PROPOSAL Subject Property: 66 Franklin Avenue, West Orange, NJ (Block 134.02, Lots 75.03, 79, and 81) Applicant: M Vega Investments LLC, a limited liability company Applicant’s Address: 66 Franklin Avenue, West Orange, NJ 07052 PROPOSAL: M Vega Investments LLC has applied to the West Orange Planning Board for preliminary and final major site plan approval, along with certain variances, in connection with the development of the property located at 66 Franklin Avenue, West Orange, NJ 07052 (Block 134.02, Lots 75.03, 79, and 81) (“Property”). The Property currently consists of a one-floor commercial 10,000 sq. ft. building. M Vega Investments LLC proposes to develop the Property into a mixed-use building with office space on the ground floor, one residential unit on the second floor, and light truck parking. Below please find information related to the current condition of the Property, along with information on the intended improvements associated with the new building on the Property: = The Property is currently located in the B-1 Retail Business zone. «This use is a permitted use. = The proposed renovation and addition to the existing building includes first floor office space with a conference and storage room. = The applicant proposes renovation on the existing building into a one-story retail business. ® The current lot area of the Property is 10,000 sq. fi. and the proposed lot area remains the same. « The proposed side yard setback, combined side yard, building height, and maximum building coverage are all in compliance with the West Orange Zoning Ordinance. «The Applicant is seeking the following variances: Maximum Lot Coverage. Window Signs. Curbing Minimum Driveway Width. oooo Overall, this Project will be a significant improvement to the Property’s current condition. We respectfully request the Planning Board grant the necessary approvals.

Thank you in advance for your consideration.