Notice of Default Approval Pursuant to N.J.S.A. 40:55D-10.4 Regarding Pemberton Township Zoning Board of Adjustment

Notice of Default Approval Pursuant to N.J.S.A. 40:55D-10.4 Regarding Pemberton Township Zoning Board of Adjustment NOTICE OF DEFAULT APPROVAL (Pursuant to N.J.S.A. 40:55D-10.4) Jeffrey Kantowitz, Esq. Abe Rappaport, Attorney at Law 195 Route 46 West, Suite 4 Totowa, NJ 07512 (973) 785-1799 x202 Attorneys for Applicant Star Hospitality LLC IN RE THE APPLICATION OF ) TOWNSHIP OF PEMBERTON STAR HOSPITALITY LLC FOR ) ZONING BOARD OF ADJUSTMENT VARIANCE RELIEF FOR AN ) EXTENDED STAY MOTEL ) NOTICE OF DEFAULT APPROVAL To: Zoning Board of Adjustment of the Township of Pemberton Pemberton Township Municipal Building 500 Pemberton-Browns Mills Road Pemberton, New Jersey 08068 PLEASE TAKE NOTICE that Star Hospitality LLC claims approval of its application for variance relief (deviation from conditional use standards) for its motel to permit extended stay use and to waive contract and non-contract conditions regarding residency limitation under Section 190-56C(4) of the Municipal Code of the Township of Pemberton, with respect to its property at 13 Juliustown Road, and identified as Block 539, Lot 15.01 on the tax maps of the Township of Pemberton, by reason of the failure of the Pemberton Township Zoning Board of Adjustment to render a lawful decision to grant or deny its application within the statutory time period after submission of a complete application as set forth in N.J.S.A. 40:55D-73 et seq. Star Hospitality LLC relies upon the statement of facts attached and submitted herewith. Abe Rappaport, Attorney at Law By: /s/ Jeffrey Kantowitz Jeffrey Kantowitz, Esq. Dated: June 5, 2026 STAR HOSPITALITY LLC STATEMENT OF FACTS IN SUPPORT OF NOTICE OF DEFAULT APPROVAL PURSUANT TO N.J.S.A. 40:55D-10.4) IN RE THE APPLICATION OF ) TOWNSHIP OF PEMBERTON STAR HOSPITALITY LLC FOR ) ZONING BOARD OF ADJUSTMENT VARIANCE RELIEF FOR AN ) EXTENDED STAY MOTEL ) The following statement of facts is submitted in support of the application of Star Hospitality LLC ("Star" or "Applicant") for variance relief ("Application") with respect to 13 Juliustown Road, Block 539, Lot 15.01 in the Township of Pemberton ("Property") by default approval pursuant to N.J.S.A. 40:55D-10.4. 1. Star Hospitality LLC is the owner of the Property. Under cover letter dated October 1, 2025, Star submitted its application for variance relief with the Township of Pemberton zoning board of adjustment ("Zoning Board"). The cover letter and 15 copies of the application were sent via US Postal Service Express Mail (overnight delivery). 2. Checks for $200.00 and $800.00, respectively, for the application fee and escrow fee, respectively, were hand delivered to the Township on or about October 2, 2025, and they were subsequently deposited by the Township on or about October 16, 2025. 3. On or about October 26, 2025, counsel for Star received a copy of an October 22, 2025 letter written by REMINGTON & VERNICK ENGINEERS Douglas Johnson, P.E., C.M.E. Senior Associate, Asst. Department Head, of Remington & Vernick Engineers ("October 22 Letter"), which was addressed to Rosemary Flaherty, Director Community Development Pemberton Township Zoning Board 500 Pemberton-Browns Mill Road Pemberton, New Jersey 08068 and copied to Borad [sic] Members c/o Patricia Everett, Community Development; Star Hospitality, LLC, Applicant; Jeffrey Kantowitz, Applicant Attorney; David J. Banisch, PP, AICP Board Planner; Evan Crook, Esq., Board Attorney; and Alexander Lesniak, RVE. 4. The October 22 Letter was titled: Re: Township of Pemberton Star Hospitality, LLC Block 539, Lot 15.01 13 Juliustown Road Review #1 Our File No. 0329 Z 266 and it began: "Dear Chairman Haines and Board Members: We have received the following documents for this application:…" 5. The letter reviewed the application and offered comments while stating that "…our office defers to the board planner on the variance requests…" 6. No determination of completeness was made by the Zoning Board within the required 45 day period under N.J.S.A. 40:55D-10.3. 7. Even using October 22, 2025 (as compared to October 2, 2025) as the start of the 45 day period for a completeness determination under N.J.S.A. 40:55D-10.3, as of December 6, 2025, the Zoning Board had not made a determination of completeness of the application. 8. Consequently, as of December 6, 2025, the application is deemed complete under N.J.S.A. 40:55D-10.3. 9. N.J.S.A. 40:55D-73 provides for the grant or denial of an application for variance relief within 120 days of submission of a complete application. 10. 120 days from December 6, 2025 (not counting December 6) is April 5, 2026. 11. The Zoning Board has failed to render a decision on this application (granting or denying it) by the end of May 2026, let alone by April 6, 2026. 12. As of this date, there has been inaction and inattention. The Zoning Board has failed to take any lawful action on the Application and the statutory time periods for decision have expired. 13. The municipal inaction and inattention meet the criteria for a Default Approval under N.J.S.A. 40:55D-10.4 June 10 2026 LSOM0534225 $81.12