October 23, 2025, Special Meeting

asked if there is anything proposed to this project to eliminate the impact of the sound from the HVAC on the neighbors to the rear. Mr. Dick answered that there is a parapet, which will help a little bit and also that there is lower noise equipment that's been selected. Chairperson Neuer followed up by adding that as the greatest produces the greatest amount of noise impacting the neighbors to the rear. Mr. Dick said that if you have multiple sources, there's always going to be something that's loudest.Chairperson Neuer said that he agrees with that, but asked for confirmation that he did testify that it's the HVAC equipment that produced the greatest level of noise impacting the neighbors to the rear. Mr. Dick said yes. Chairperson Neuer asked if there are any other mitigation factors that can be installed to reduce the level of noise coming from the HVAC, other than the parapet.Mr. Dick said yes.Chairperson Neuer asked what the other things that can be installed. Mr. Dick responded that there are things like silencers, compressor wraps. There are various HVAC noise control measures that can also be implemented, but they are already meeting the limits of the noise code. e L. Cohen asked if he was aware that about 40-50 trees are scheduled to be cut down. Mr. Dick said that their model did not include any attenuation of trees. Chairperson Neuer responded to Mr. Cohen, saying that it's not the applicant's obligation to correct all of the problems being caused by other properties.

L. Cohen responded stating that this application is a contributor to the noise. By cutting down those trees that would make the sound level much higher for the neighbors. Mr. Dick said that they don't expect much reduction from a row of trees. Ms. Kinback asked with respect to the mechanical equipment proposed and the uses, is it exacerbated at all? Because this is a fast food restaurant versus if it was a sit down restaurant? Mr. Dick said there would be no difference. PRESENTATION Kevin Savage PP was sworn under oath and credentials were accepted as a Professional Traffic Engineer. Mr. Savage referenced the Engineering Report (Dated June 4, 2024 and Originally Dated October 21, 2022) and ran through the report with the couple of minor site plan modifications, and then go through the report. Mr. Savage presented EXHIBIT A-4 Site Plan Rendering (Dated September 18, 2025). Mr. Savage referenced during his two primary changes since the Engineer’s testimony from Mr. Bersch, o first was the modified striping adjacent to the trash enclosure in the southeast comer of the property. Previously, this was a 24 foot wide aisle, in response to some comments received from the board that striping has been expanded to really further accentuate that this is a one-way aisle, and vehicles are not able to enter in the southbound direction. o Second, the plans provided a pull ahead space immediately in front of the drive through exit. That space would be reserved for vehicles to wait if their food may not be ready for them to pull ahead in order to allow other vehicles to proceed through the drive thru. o Mr. Savage, referenced during his testimony Engineering Report (Dated June 4, 2024 and Originally Dated October 21, 2022) which pertained to Traffic Impact, Circulation, Access, Parking, and Queing for the proposed development. o Access: right now, there are two, access points to the to the property by providing two (2) full movement driveways in roughly the same location as the proposed driveway shown. In conjunction with the development two (2) access points are mentioned, the Eastern access shown on the bottom left side of the page here, will be maintained as a full movement driveway along Eagle Rock Avenue. The Western driveway located to the to the bottom right of the building, as shown on the plan, will be limited to a full movement Ingress, but right turn

ull movement driveway along Eagle Rock Avenue. The Western driveway located to the to the bottom right of the building, as shown on the plan, will be limited to a full movement Ingress, but right turn egress only driveway, so the left turn egress movement is being removed or restricted, and that's primarily for two reasons. = The first is there's currently a vertical crest in Eagle Rock Avenue, approximately where the Eastern driveway is located. So in review of the site review and driveway, it identified, really a sight distance obstruction with vehicles that would be looking to the right wanting to make a left turn onto Eagle Rock Avenue. So, that was one reason for the restriction. = Second, the driveway is located about 13.2 feet from the intersection with Rosney Terrace. Based on the proximity of those two (2) intersections, the left turnout movement would provide, the highest potential for conflict with any vehicles turning into or out of Rosney Terrace. So a vehicle turning left out of this western site driveway and a vehicle that, at the same time could be making a

right from Rosney Terrace, was identified as a potential conflict. So therefore that left turn out movement was voluntarily restricted to eliminate the potential conflict and eliminated due to the site, distance obstruction. co Traffic Impact: Traffic counts were taken at the site in order to establish the existing conditions. So traffic counts were actually taken at the intersection of Eagle Rock Avenue and Rosney Terrace three (3) times (May of 2021, June of 2023, and April of 2024), and taken during the weekday morning peak hour, generally from 7:00 AM to 9:00 AM and the weekday evening peak hour from 4:30 PM to 6:30 PM and Saturday midday, Between 11:00 AM and 2:00 PM. The highest counts were taken from each corresponding morning evening, Saturday midday, peak hour for the weekday morning and evening that that occurred in April of 2024 the Saturday, the highest Saturday volumes observed were actually in June of 2023, so once established existing conditions and existing traffic volumes on the adjacent roadway network, there was some additional background growth on those counts to really project the counts into the future. To account for many things such as population growth. From there, the site-generated traffic is surcharged with volumes onto the existing traffic volumes to generate build conditions or build traffic volumes. As part of the report, the no-build conditions were reviewed to the build conditions with this development. o The trip generation projections utilized are based on national data published by the Institute of Transportation Engineers, that organization collects and collates traffic data throughout the country from various uses to really summarize anticipated trip generation for uses such as this. Both of these potential uses have a high pass by traffic percentage. Thereare really two types of trips that are looked at. «First is primary traffic, or new traffic, and this is trips that are, originating on the roadway network, specifically to travel to and from this development. = The other element of trips is called passerby traffic. Traffic that's already traveling on the roadway network. It's already traveling along Eagle Rock Avenue. It's turning into the site, stopping at Popeyes, grabbing a meal or IHOP, and then getting right back on the roadway network and resuming their trip. It's simply a turn into the development stop and

. It's turning into the site, stopping at Popeyes, grabbing a meal or IHOP, and then getting right back on the roadway network and resuming their trip. It's simply a turn into the development stop and then turn out of the development so based on data published by ITE, fast food restaurant uses with drive thrus, and specifically the Popeyes has a pass by traffic percentage of about 50% and the IHOP that's during the weekday morning higher during the weekday evening and then slightly lower during the Saturday midday peak hour. So 50% during the weekday morning, 55% during the weekday evening and 37% during the Saturday midday peak. The [HOP it has identified a 43% pass by traffic percentage during the weekday evening peak hour. = Both primary and pass by trips were incorporated into the trip generation and into the capacity analyses conducted. Both no build conditions without the development and build conditions with the additional trips from development surcharge on to the existing traffic volumes were studied. What was found were the minor changes in delay at the adjacent intersection with Rosney Terrace, and the driveway is operated at good levels of service.

o Parking: Mr. Savage said that Mr. Bersch, during his testimony, went through in detail the parking requirement; the total required for the site is 49 spaces. This breaks down to 15 spaces are required for the Popeyes and 34 spaces are required for the IHOP again, that's looking at the maximum of one parking space per 45 square feet for patron area and one parking space per three seats in each use the site, as proposed, provides 48 spaces, including one Electric Vechicle Charging space. Therefore, with consideration of the EV credit, the parking requirement is met. Parking and queing conduct counts were performed at a number of Popeyes facilities. Three (3) facilities were counted in New Jersey, one (1) in Union Union County, one (1) in Raleigh Union County, and one (1) in Glassboro, Gloucester County. And from those counts, it was able to identify that a Popeyes typically has a peak parking demand of about 10 to 11 spaces. So the Popeyes itself, specifically, requires 15 based on our accounts, that 15 spaces is more than enough to accommodate the parking typically required for a Popeyes restaurant. © Queueing: eight (8) queueing spaces are shown on the Site Plan. The Queue spans and wraps around the building to provide eight total spaces. This meets the Township Ordinance, which requires six (6) spaces. 10 vehicles was the maximum counted during any of these counts. So there are eight vehicles shown. Mr. Savage opined that he believes two (2) additional vehicles can fit onto the site without really impacting on the site, circulation or parking. Therefore, he is comfortable and confident that the queuing provided is sufficient to support the anticipated demand. e Ms. Kinback asked a few questions, because with the proposed Popeyes, it's a conditional use and one of the conditional use variances being sought is to permit a driveway distance to the intersection that is less than 100 feet away and asked for an explanation to having the driveway at that location, its impacts to the Rosney Terrace intersection, and also its impacts or benefits to ingress and egress and on site, circulation. Mr. Savage answered that there were two existing access points to the site. It is proposed to maintain those two (2), and the unique depth and location of this site, he believes that the two (2) driveways will provide for more efficient ingress and Egress to and from the

ite. It is proposed to maintain those two (2), and the unique depth and location of this site, he believes that the two (2) driveways will provide for more efficient ingress and Egress to and from the property separately. The sight lines from Rosney Terrace were reviewed and voluntarily restricted that left turn out movement, which he opined would be the highest potential conflict point, with any vehicle turning to or from Rosney Terrace. e Ms. Kinback asked as part of this application, being represented that the refrigeration truck deliveries will all take place in the front of the building, and that is where the delivery trucks will load and unload. Does having that second driveway access benefit the delivery truck access and their ingress and egress to the property and mitigate impacts to the neighbors so that they don't have to circulate the entire building? Mr. Savage answered that Yes, in my opinion, it would having two driveways essentially allows the tractor trailer to enter the Western driveway, pull up to the front of the building, load and then exit via the Eastern driveway. If there was only one driveway that that truck would need to circulate the building at some point, either entering or leaving the site, so there would more. BOARD QUESTIONS e Chairperson Neuer asked for confirmation that the report submitted was written on October 21, 2022, and was revised on June 4, 2024. Mr. Savage said that it is correct. 9

e Chairperson Neuer asked if other counts than where Rosney Terrace intersects Eagle Rock Avenue took place.Mr. Savage said that they did not, but the counts taken (all three times) were at the intersection of Eagle Rock Avenue and Rosney Terrace. e Chairperson Neuer asked for confirmation that when those counts were performed didn't know the Genesis point of that traffic (if it came out of the Whole Foods parking lot or any of the other streets to the east, if it came from Prospect Avenue.) Mr. Savage answered that based on the initial accounts taken in May of 2021 it was observed that the directional patterns within Eagle Rock Avenue helped estimate where the site-generated traffic would originate. Chairperson Neuer asked for clarification on what site generated traffic means. Mr. Savage answered that as part of the report, as mentioned, first take existing counts, add some additional background growth, and there was one approved adjacent development that was included as well to generate no-build traffic volumes. e Chairperson Neuer asked if Mr. Savage was familiar with the intersection of Eagle Rock Avenue and Prospect Avenue. Mr. Savage said that he was familiar with it. e Chairperson Neuer asked how many times Mr. Savage has driven past the site. Mr. Savage answered that he has been to the site probably at least half a dozen times in the past year or two. Chairperson followed up by asking if he had driven to the site from the west, coming up the hill, going past Rosney Terrace to the site. Mr. Savage said yes. e Chairperson Neuer asked for the justification as to why Mr. Savage didn't do any study of the traffic exiting West Orange Plaza, almost directly across the street. Mr. Savage said that the number of trips projected that would travel through that intersection and through Prospect Avenue essentially falls below the NIDOT threshold for requiring a study of that intersection. So the NJDOT threshold is 100 peak-hour trips. e Chairperson Neuer asked if copies of accident reports from the West Orange Police Department. Mr. Savage answered yes that they received data from January of 2018, through the present. From those reports, there were really two (2) crashes. Of note, one was a rear-end crash for a vehicle turning left into Rosney Terrace. One was a vehicle turning left out of Rosney Terrace from the police report was waived across the first

o (2) crashes. Of note, one was a rear-end crash for a vehicle turning left into Rosney Terrace. One was a vehicle turning left out of Rosney Terrace from the police report was waived across the first lane of travel by a New Jersey Transit Bus, and then a vehicle in the inner lane of Eagle Rock Avenue, traveling eastbound, crashed with that vehicle. But of note there, those are two crashes of note. But in the review of this, and specifically the review of the site driveways, the Federal Highway Administration identification of five (5) correctable crashes per year as a threshold for looking at potential corrective measures. So as was mentioned, seven years of crash data was requested, and given the limited number, the driveways would function safely and efficiently as designed. Break 9:38 PM-9:45 PM Upon return from break Chairperson had a roll call performed to confirm the presence of a quorum of Board Members had returned. Chairperson Neuer asked if this development of the Popeyes and the IHOP were to be limited to one (1) restaurant, would that lessen the impacts on the traffic that this development is causing to the area? Mr. Savage said that it would, yes, generate fewer trips. 10

Chairperson Neuer asked if newly approved/submitted in the township were taken into account when doing this study. Mr. Savage said that one approved project, the convenience store on the southeast corner of Eagle Rock Avenue and Prospect Avenue added to the existing Exxon Gas Station was examined. However that generally projects submitted but not yet approved are not taken into account during their studies Chairperson Neuer asked if he was aware of the Planning Board approval of the West Orange Plaza. Mr. Savage said that he was not until now. BD Scott, asked what Mr. Savage means by site generated trips, and if this is a projection of how many trips cars are going to be going to these two establishments if they are approved, and how that type of a projection is made. Mr. Savage answered that the industry data published by the Institute’s engineers is evaluated. It essentially collects and collates this data from various locations throughout the country. BD Scott asked for confirmation of whether any specific studies have been made involving West Orange Essex County or New Jersey. Mr. Savage answered no.But as mentioned, the opportunity to do trip, generation, parking and queueing counts at three Popeyes locations in New Jersey has occurred. BD Scott asked why locations so far away and so very different in their traffic patterns from right here in West Orange and Essex County are part of this study. Mr. Savage said that specifically looking at Popeyes locations that had a single drive through, which is consistent with the development here. Some Popeyes locations essentially have two order boards that merge into one pickup lane. Specifically looking and counted the locations that were similar to the single drive through location. BD Scott asked if testing included weekends or holidays? Mr. Savage said it included Saturdays. Yes, Saturdays but it did not include holidays. William Michael Barbee asked coming out of the parking lot, making a left, meaning, going out the parking lot, across the lane, making a left from either driveway, considering that that is a yellow strip, a solid yellow strip, will it be an illegal turn, making the left to go west on Eagle Rock? Mr. Savage said No. The double yellow line generally means no passing so turns into or out of driveways are permitted. W.M. Barbee asked about the trip generated data. When the analysis of the