NOTICE OF PUBLIC HEARING TOWNSHIP OF EDISON ZONING BOARD OF ADJUSTMENT Please Take notice that on Tuesday, July 7, 2026, at 7:00 p.m., the Township of Edison Zoning Board of Adjustment ("Board") will hold a public hearing on the modified application ("Application") of CareOne at Birchwood LLC (the "Applicant") at the Council Chambers, First Floor, Edison Township Municipal Building, 100 Municipal Boulevard, Edison, New Jersey 08817. This Application is being made in accordance with the procedures outlined in Whispering Woods v. Middletown Township, 220 N.J. Super. 161 (Law Div. 1987) with respect to development approvals for the property located at 1330-1350 Inman Avenue and designated as Block 410, Lots 28.01, 30, 31 and 11.03 (f/k/a Lots 27, 28, 30, 31 & 11-C) on the Edison Township ("Township") tax maps (the "Property"). The Property is located in R-A Single Family Residential Zone District. The Applicant had previously filed an application for preliminary and final major site plan, d(1) use variance, and other variance approvals, Application File No. Z46-2017, with the Board to construct a new 106-bed assisted living facility with signage on the Property, to consolidate the lots constituting the Property, and to make certain improvements to the existing skilled facility on the Property (collectively, the "Original Application"). After several public hearings held from December 18, 2018, through December 17, 2019, the Board voted not to approve the Original Application. The Applicant subsequently filed two lawsuits against the Board, one lawsuit in the United States District Court of New Jersey, Docket No. 2:20-cv-07976-BRM-JSA ("Action") and the other lawsuit in the New Jersey Superior Court, Docket No. MID-L-4382-20 ("State Action"). The State Action was dismissed by consent of the Applicant and the Board, subject to reinstatement pending the outcome of the Action. The Applicant subsequently filed a motion for summary judgment in the Action, which the Federal District Court granted in part. To settle the Action and the State Action, the Applicant and the Board now seek to conduct a public hearing in accordance with the procedures outlined in Whispering Woods v. Middletown Township, 220 N.J. Super. 161 (Law Div. 1987), based on a modified development plan, and with the Applicant relying on the hearing record created with respect to the Original Application. The Application seeks preliminary and final major site plan, d(1) use variance, and other variance approvals for the Property, and it modifies the Original Application as follows: (1) to provide for a memory care facility instead of an assisted living facility; (2) to provide for 114 units consisting of 122 beds in the memory care facility; (3) to reduce the memory care facility building height to two stories nearest to Louis Court and along the eastern side of the Property; (4) to locate the generator furthest from Louis Court and to place such generator systems between its existing skilled nursing facility and the new proposed memory care facility; (5) to provide a shed on the western side of the Property along with the generator; (6) to revise its plans to place the trash enclosure for the memory care facility on the western side of the Property along with the generator and shed: (7) to provide a memory care facility building footprint (ground floor) of 37,447 square feet and a total of building area (including basement) of 95,059 square feet; (8) to provide 104 parking spaces with 40 of those spaces reserved for employees; (9) to modify the memory care facility building footprint and length such that the building setback is approximately 73.96 feet from the rear Property line and approximately 82.94 feet at its nearest point to the Louis Court side property line; and (10) to provide improvements to its existing skilled facility so as to permit the utilization of eleven previously banked parking spaces, to add four additional parking spaces, to confirm the current dumpster location (deviation from previously submitted plans), to approve an "as built" rear sidewalk (deviation from previously submitted plans), and to permit the existing 6 foot and 10 inch high signs (existing and contrary to the Township Ordinance). The Application also seeks the following variances: (1) a d(1) use variance from Township Ordinance Section 37-11.1 to permit a memory care facility; (2) a variance from Township Ordinance Section 37-63:1 (10) to permit building coverage of approximately 16.1% where a maximum building coverage of 15% is otherwise required; (3) a variance from Township Ordinance Section 37-63.1 (13) to permit lot coverage of approximately 43.2% where a maximum lot coverage of 30% is otherwise required; (4) a variance from Township Ordinance Section 37-63.1 (18) to permit a floor area ratio of approximately 0.30 where a maximum floor area ratio of 0.25 is otherwise required; (5) a variance from Township Ordinance Section 37-63.1 (12) to permit a building height of approximately 47 feet where a maximum building height of 40 feet is otherwise required; and (6) a variance from Township Ordinance Section 37-64.1 (11) to permit three building stores where a maximum of 2.5 building stories is otherwise required. The Application also proposes to continue existing nonconformities with respect to the existing skilled facility use, minimum rear yard setback, fence adjacent to residential use, freestanding sign height, and incidental sign area. The Applicant does not believe that any other approvals, variances, deviations, exceptions, design waivers, or permits are required for the Application. However, the Applicant intends to request at the hearing any other approvals, variances, deviations, permits, exceptions, design waivers and/or permits as are required to utilize the Property in the manner indicated in the Application materials. You may appear at the aforesaid hearing, either by yourself or by your attorney, and you may participate at said public hearing to present any and all objections, or support, you may have, and any other general comments, relative to the Application, so that all interested parties may be heard. The application forms, plans, and all documents submitted in relation to the Application are available for in-person inspection with the Board Secretary at the Edison Township Municipal Building, 100 Municipal Boulevard, Edison, New Jersey 08817, Monday through Friday, 9:00 a.m. to 4:00 p.m., holidays excepted. Dated: June 25, 2026 By: Peter M. Flannery, Esq. BISGAIER HOFF, LLC 25 Chestnut Street, Suite 3 Haddonfield, New Jersey 08033 856) 795-0150 Attorneys for the Applicant June 27 2026 LNYS0546430 $106.21