October 23, 2025, Special Meeting

RESOLUTION APPOINTING THE FIRM CME ASSOCIATES AS CONSULTING PLANNERS TO THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE FROM OCTOBER 10, 2025, TO DECEMBER 31, 2025 Resolution for CME (modified at new rate) (red 10-21-2025) Motion: Chairperson Neuer Second: M. Dannemiller Barbee: Y Schwarzbaum: - Ben-Zyi (Alt.3): : Scott: Y Cohen: Y Sussman (Alt.1): Y Dannemiller (Alt.2): - Weiss: Y Dubovy (Alt.4): - Neuer: Y Miller: Y APPLICATION ZB-22-13 MPB Realty (470 Eagle Rock Avenue) (Carried from 7/31/2025) Blo ck: 153; Lot:38; Zone:B-2 470 Eagle Rock Avenue Preliminary & Final Major Site Plan PRESENTATION Ms. Danielle Kinback Esq entered the record on behalf of applicant MPB Realty LLC and gave a brief summary on previous testimony stating this is an application for preliminary and final major site plan approval, d3 conditional use variance, bulk variance and design waiver relief to renovate and repurpose an existing restaurant to house two proposed uses, a sit down [HOP (International House of Pancakes) restaurant and a Popeyes restaurant with drive through accessories. Mr. Michael Dick, Acoustic Engineer, was presented, sworn under oath, and his credentials were accepted by the Board. Ms. Kinback asked Mr. Dick if, when he performed his initial analysis, he made some assumptions with respect to the rooftop equipment that was specifically for the restaurant. Mr. Dick answered in the affirmative. Ms. Kinback, asked if, in response to the questions of the Board, the architect provided him with more specific information as to the location and type of equipment. Mr Dick, P.E., answered in the affirmative, stating further that they received the roof layout and the schedules with the submitted mechanical equipment selections. Ms. Kinback asked what type of analysis was performed with that information. Mr. Dick said that they updated the outdoor acoustical model with the proposed locations as well as the manufacturer's sound data for those unit selections. Ms. Kinback asked how that impacted the conclusions that were in the report that was previously submitted and testified to. Mr. Dick said that several of the units were quieter than originally evaluated. So overall, the resulting sound levels were quieter at the southeast residential location, they were marginally quieter. The difference was less than a decibel, and at the other locations, they

uated. So overall, the resulting sound levels were quieter at the southeast residential location, they were marginally quieter. The difference was less than a decibel, and at the other locations, they were generally two (2) to four (4) DBA quieter with the conclusions remaining the same within the limits of the state noise code.