October 23, 2025, Special Meeting

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 drive thrus, was done, did those existing comparisons also have IHOP traffic in the parking lot as well. Mr. Savage said that they did not know. WM Barbee said now that there is an IHOP with other traffic in the parking lot. Does that back up the does that block the intersection of Rosney Terrace with other traffic? Mr. Savage said that they accounted for both the Popeyes and the IHOP traffic in the traffic study, and based on that, they didn't identify any capacity concems at either the Rosney Terrace intersection or of the two (2) site driveways. L. Cohen, asked if there's going to be spillover parking for Popeyes in this 15 space application site. Mr. Savage responded that he doesn't believe there will be. The maximum counted occupied spaces at those locations was, was about 10 to 11 vehicles. So the 15, in my opinion, should be sufficient to support just the Popeyes itself. So even though they do have large parking supplies, the demand actually counted and identified at those locations was only 10 to 11 vehicles parking. L. Cohen, asked if he thinks the neighbors of Popeyes West Orange, have warrant to worry about spillover parking on their residential streets? Mr. Savage opined no that the proposed parking provided sufficient. Looking at the Ordinance, the site meets the Ordinance requirement, and as mentioned, this extensive Popeyes data does show that the 15 spaces in a requirement allocated to Popeyes is more than sufficient. Robin Miller asked in confirmation that the stores studied were just single Popeyes, not a combo restaurant. Mr. Savage said that he was not aware of that. R. Miller, asked for clarification of about population growth as a factor when doing his study. Did he mean population growth of the township of people, like new housing At

complexes? Mr. Savage said that part of the study, essentially projects traffic volumes a few years into the future, and for that, looks to background growth, with percentages and data published by the New Jersey Department of Transportation. So periodically studies are conducted with traffic counts throughout the state. Theyidentify trends in those counts and trends in those specific counties. So the growth rate that utilized, was 2% per year, and that was specific to Essex County. R. Miller, asked if Mr. Savage was aware that there's the potential of an over 400 unit residential apartment unit across the street at the current site of Mayfair farms?Mr. Savage said he doesn't believe that's been approved as of yet. In response to that R. Miller suggested that be put into the study. Mr. Savage said that in a study typically only approved plans get reviewed. Alice Weiss asked Mr. Savage if he’s aware that Target will be opening shortly. Mr. Savage said yes. A.Weiss asked if the traffic for that plaza (West Orange Plaza) was put into the traffic count. Mr. Savage said no it was not. A.Weiss asked if when about development being mentioned, it's all over Essex County, as opposed to specifically West Orange, Mr. Savage said correct, that the 2% growth rate is for the county as a whole. Michael Dannemiller asked about the crash data. West Orange’s number one (1) crash location is Prospect Avenue at Eagle Rock Avenue and asked if any assessment of queuing has occurred or has there been personal observation of queuing at that intersection during peak hours? Mr. Savage said that he has had personal observation. No traffic counts, analyze it or pull crash data has occurred. But he has driven through that intersection at peak times. M. Dannemiller, asked while the NJDOT threshold didn't hit the threshold of 100 trips, so assessment of adjacent intersections was necessary. In this case, adjacent intersections are really curious about the travel dynamic. Mr. Dannemiller brought up the dual lane, really four lane configuration of Eagle Rock Avenue mentioned there were really only two (2) crashes, a rear and the left out that had a multiple threat which he was concerned that on entry, and if he thinks it will increase or decrease overall crash incidents on Eagle Rock Avenue. Mr. Savage answered that looking at the left into the Western driveway versus a right turn

ed that on entry, and if he thinks it will increase or decrease overall crash incidents on Eagle Rock Avenue. Mr. Savage answered that looking at the left into the Western driveway versus a right turn out, in my opinion, in reviewing that, he believes that the left turning vehicle in will have adequate sight distance and of that vehicle turning out of Rosney Terrace to be able to essentially see it. And if it is turning, react accordingly. That car is traveling, facing westbound, essentially looking ahead, looking at those both lanes. And in my opinion, in review of the the access point, He opined further that it would have adequate visibility to that vehicle. That if there is any use on this site, there is the potential for additional crashes. Right now. It's, closed, the driveways are closed. There's really, no potential there, because there's really no ability to access the site. So, in general, any use itself would theoretically increase the potential for crashes. But in reviewing the crash data specifically correctable actions, or, crashes, which is something that the design could be mitigated to, or design could be altered, essentially to change or, eliminate that, that potential, the the restriction on the left turnout of the Western driveway was something that obviously looked at and modified. But beyond that, there weren’t any other potential restrictions of the driveways based on the review of the site and the crash history. M. Dannemiller asked if on the eastern driveway, is there any concern about left turns in or left turns even more so out for potential for crashing incidents, Mr. Savage said that he doesn’tand specifically, that driveway is really located at the top of the vertical crest. Which is why essentially was limited that left from the Western driveway. So a vehicle turning out there would have a more than sufficient sight distance. M. Dannemiller asked for confirmation of sorts regarding the linear measurement of sight distance. It's the multiple threat of having a four (4) lane arterial on a steep slope, such as the incidents that where you said, Okay, a bus was in the curb lane, blocking, shadowing 12

anyone in the in the left lane and that he’s concerned about New Left turn movements, especially out on a four (4) lane arterial. Mr. Dannemiller said that he doesn't see how this is going to make Eagle Rock Avenue safer, especially in an area that while this application doesn't technically need to do analysis of unapproved or adjacent or nearby other applications, the traffic's already very high here and about to increase dramatically. Mr. Savage, said no that its not necessary right now. Tal Ben-Zvi, asked for confirmation that the latest report is dated June 4 of 2024. Last year. Is that correct? Mr. Savage said yes. T. Ben-Zvi, circled back to Mr. Scott’s questioning about counts during holidays and if counts are done during holidays, more or less traffic than regular weekdays or Saturdays. Mr. Savage, said it depends on the depends on the holiday. Traditionally, counts are not performed on holidays as the traffic patterns are atypical, and often, occurs specifically, just for that holiday, and then it resumes normal operations. T. Ben-Zvi asked, how would he would consider Father's Day, for example, a holiday with more traffic or less traffic? Mr. Savage said, that he personally had not counted on Father's Day. T. Ben-Zvi countered for confirmation that the June 2023 count was done on June 17. Mr Savage said that is correct. T. Ben-Zvi, informed him that was, Father's Day weekend.Mr. Savage said that he was not aware that that was Father’s Day weekend. T. Ben-Zvi questioned Mr. Savage about the 2018 count in light of Mr. Savage’s testimony that counts were conducted in 2021, 2023 and 2024. T. Ben-Zvi then asked how a pedestrian walking on Eagle Rock Avenue could get to the restaurant safely. Mr. Savage said that you would need to cross between two handicapped spaces. Dr. Ben-Zvi asked whether you would still need to cross between cars that potentially park there. Mr. Savage said correct. T. Ben-Zvi asked for clarifications as the report has adjustments of the 2023 accounts, also the 2021 but let's put them aside, because that was the pandemic to 2024 numbers, this 2% mentioned Mr. Savage said yes. T. BenZvi asked for what has happened in about the year and a half that passed since then. Mr. Savage said that report was dated or submitted in June of 2024 the no build and build conditions projected a further two (2) years into the future, so it

he year and a half that passed since then. Mr. Savage said that report was dated or submitted in June of 2024 the no build and build conditions projected a further two (2) years into the future, so it essentially added a further 2% per year. So in his opinion, the build and no build conditions are supposed to be representative of 2026, if an additional one (1) or two (2) years of growth were added on that the results of the study would not materially change. Chairperson Neuer, circled back to Mr. Dannemiller’s question in which he asked about the intersection of Prospect Avenue and Eagle Rock Avenue being the largest in West Orange and whether he was aware of that fact before starting the reports. Mr. Savage said that he was not aware of that fact. Chairperson Neuer said so no, you.didn't communicate with the county to find out about issues such as the ones raised by Mr. Dannemiller. Mr. Savage said No. PROFESSIONALS QUESTIONS e Ryan MacNeill asked questions related to the delivery truck circulation as that is a big concern regarding timing of the delivery truck. He asked for confirmation and an explanation that it will be outside of peak business hours, but will be conducted during business hours and if he could go over how circulation won't be obstructed specifically in those handicap spaces during delivery operations. Mr. Savage said for delivery operations, the Popeyes primary delivery is a WB 50 tractor trailer, which will happen overnight while the store is not open. Similarly, the IHOP delivery is a WB 50 tractor trailer, which is anticipated to occur two (2) times per week, overnight while the store is closed as well. There is no anticipated any impact to the the handicapped or other parking spaces while those deliveries 13

occur. Popeyes also does have a chicken delivery, which is via a box truck, which happens two (2) to three (3) times per week, generally, typically from 6:00 to 8:00 AM prior to the Popeyes store opening. No Questions from Christopher Dochney PUBLIC QUESTIONS Isabelle Bise. (10 Rosney Terrace) asked do you feel being that there's only 13 feet between the opening of my street and then the Western driveway that its enough space for both vehicles to make a right turn heading towards Prospect Avenue. Do you feel like that's enough space where both vehicles will not collide?Mr. Savage answered yes and asked for clarification to her question. where both cars are making a right turn out of the driveway and Rosney Terrace at the same time. Ms. Bise said at the same time, but also, if, turning on right, does he think she will be able to see the vehicle making a right turn quick enough to slow her car down? Mr. Savage said yes. I. Bise asked if he factored in that in the morning with less visibility ther,e because there's just natural sun glare, and if this was factored into the traffic study. Mr. Savage said it was not factored in specifically. But testimony would would still be the same. I. Bise asked a question regarding parking lot space and people double parking their cars as people get larger cars, was that at all taken into effect in the parking space. Mr. Savage said that a parking space size is consistent with township code requirements regardless of the size of vehicle. Kevin Malanga (Ridge Road), asked for confirmation as to whether he knew that there was construction taking place at the West Orange Plaza. Mr. Savage answered that he was not aware that there was an expansion, but was aware that some construction was taking place. K. Malanga continued, saying that Mr. Savage knew there was a Target being constructed, but did not take into account the additional traffic generated Mr. Savage said that he was made aware of the potential K. Malanga asked if he feels the need to amend your report now. Mr. Savage said that it can be factored into the analyzes. However, based on the results the impact of that the Target itself would really add trips to the no build scenario. So the number of trips projected would remain the same, even though, traffic volumes along Eagle Rock Avenue may change. K. Malanga asked for clarification that the expansion of West

build scenario. So the number of trips projected would remain the same, even though, traffic volumes along Eagle Rock Avenue may change. K. Malanga asked for clarification that the expansion of West Orange Plaza is a potential expansion of customers for the Popeyes and the IHOP.Mr. Savage said that it would not change the trip generation for the Popeyes or IHOP in the study as that's based on nationally published data by the Institute of Transportation Engineers, Hussein Ismail (6 Rosney Terrace) asked for clarification on the traffic pattern coming out the development, are they making left turn from the property, going toward going west and cast from the property. Mr. Savage said that utilizing the Eastern site driveway, you would be able to make both a left and a right turns out of the Western site driveway, closest to Rosney Terrace left turn out is restricted, so you would only be able to make a right turn, H. Ismail asked further if consideration to the speed limit in both directions was taken. Mr. Savage responded that the speed limit utilized was 35 miles per hour, which is the posted speed limit of Eagle Rock Avenue. He testified further stating that they became aware of the vertical crest within Eagle Rock Avenue along the site frontage, specifically the left turn out movement from the western driveway, 14

which was restricted specifically due to the location of that vertical crest and that was the reason why the left turn out of the western driveway was restricted at the eastern driveway. H. Ismail asked about “spill over traffic” stating that people will want to get in there while the parking lot is maximized and what happens if all the parking lot is occupied and people still want to go in there? Mr. Savage responded that based on the analysis, will not be an overflow, specifically for Popeyes, as there is the opportunity, obviously, to use the drive through, or, use a mobile order, if, the parking lot itself was full, but based on the analyzes, and, the data no expectation of a spillover is to occur. Emrah Altunkaya (15 Fundis Road) asked if they considered that 11-12, cars may not actually reflect the actual number of cars that would be just for the Popeyes and if people could have parked their cars in the neighboring shopping places.Mr. Savage responded counts were conducted they had an engineer on site reviewing operations, reviewing, people traveling to and from the restaurant. If there was someone that parked elsewhere and walked, parked in an adjacent lot and walked to the extent that were identifiable, those were counted as well in the report. But from discussions with those engineers, there was not a large number that parked elsewhere at an adjacent commercial lot and then walked over. E. Altunkaya asked if 18 seats considered in a site that requires about 15 parking spots, how many parking spots are required for 88 seats for the IHOP? Mr. Savage responded that for both uses, the Township Ordinance requires a maximum of one parking space per 45 square feet of patron area, or one parking space per three seats. So for the IHOP that broke down to 15 spaces based on square footage and six (6) spaces based on the seats. So the higher calculation of 15 spaces and then for the IHOP that breaks down to 34 spaces for the patron area square footage, and 30 spaces for the seats. He opined to say that he believes six (6) to eight (8) employees was testified to this by Mr. Bersch on the maximum shift for IHOP. But those parking calculations do take into account for both employees and patrons. E. Altunkaya asked how can Mr. Savage could say that 13 feet is safe. Mr Savage answered that the state requirement for distance from the edge of a property line to a

for both employees and patrons. E. Altunkaya asked how can Mr. Savage could say that 13 feet is safe. Mr Savage answered that the state requirement for distance from the edge of a property line to a driveway is actually 12 feet. Andrew Macleod, (19 Fundus Road) asked in terms of the stacking pattern, it was originally cited in a report that there would be 11 stacked cars, but eight (8) were shown on exhibit four, which number is most accurate? Mr. Savage said that eight (8) is correct. The reference to 11 was part of a prior site plan application, and as testified previously, the the peak stacking observed at other Popeyes locations was eight (8). A. Macleod asked in terms of the methodology of the three (3) locations that were selected for comparable study, what was the main driver behind selecting the other locations? Mr. Savage said they had previously studied those locations at a prior date, and also they utilized the single drive through, as mentioned, additionally, those those locations, he would say where it was feasible for us to get trip generation, parking, and queuing data from based on the driveway orientation, site layout, etc. A. Macleod followed up this question by confirming that usage was not factored in (single/double usage). Mr. Savage said correct A. Macleod asked if Mr. Savage feels that a site of one (1) acre with two (2) restaurants, one of them being a drive in, would be a factor in regards to size and circulation as a result? Mr. Savage said that it can be explained in a couple ways. When looking at a specific site, generally you start by looking at the size of the proposed Popeyes restaurant itself. The size proposed is 2,391 square feet is very 15

consistent with other Popeyes store sizes then ensure that there's adequate parking and queuing on site. But beyond that, there’s always a possibility of obviously, a much larger site. But, opined further based on studies, it could have a lot of parking, so the size of the site itself as a Traffic Engineer, is not a big factor. A. Macleod asked in response to a question from Mr. Barbee, where he mentioned that you didn't anticipate too much in way of traffic coming from West Orange Plaza. He asked for some elaboration to clarify any misconception Mr. Savage West Orange Plaza is not necessarily residential use, where one would expect the primary new trips to come primarily from residential areas and people traveling to Popeyes or IHOP itself, the the West Orange Plaza itself, is not, use that somebody would necessarily be destined from he opined to say that he agree that there could be people that utilize the West Orange Plaza and then stop into the IHOP or Popeyes or vice versa. But generally was just referring to the residential component. It was at this time Chairperson Neuer announced that this application ZB-22-13 MPB Realty (470 Eagle Rock Avenue) is being carried with preservation of notice to the November 20, 2025, Regular Meeting for scheduling purposes only. Chairperson Neuer adjourned the meeting at 10:58 PM boat Cables Diana L. Chandler, Secretary 16