January 22, 2026, Special Meeting

MOTION e Appoint Board Attorney, Ms. Kelly M. Carey Motion: Chairperson Neuer nominated Ms. Kelly M. Carey Second: I. Schwarzbaum Barbee: Y Schwarzbaum: Y Ben-Zvi (Alt.): Y Scott: Y Cohen: Y Sussman (Alt.): - Dannemiller (Alt.): : Weiss: Y Dubovy (Alt.): Y Neuer: Y Miller: - APPLICATION ZB-22-13 MPB Realty (470 Eagle Rock Avenue) (Carried from 12/18/2025) Block: 153; Lot:38; Zone:B-2 470 Eagle Rock Avenue Preliminary & Final Major Site Plan PRESENTATION e Ms. Danielle Kinback, Esq, entered the record on behalf of applicant MPB Realty LLC (470 Eagle Rock Avenue) and gave a brief summary of testimony and confirmed the dates of testimony (March 20, 2025, July 31, 2025, September 18, 2025, and October 23, 2025) and other appearances being strictly for scheduling purposes. Ms. Kinback asked for confirmation of all Board Members’ eligibility to vote. In response, Ms. Chandler confirmed that all eligible Board Members were either present or that there are signed forms confirming that all who were not present listened to the testimony. e Mr. Matthew Bersch, PE entered the record, confirmed no change to credentials/licenses, and was sworn under oath.He presented EXHIBIT A5 — Colorized Site Plan Rendering (ated January 22, 2026) and explained the modifications to the rear of the property. Shift of the drive-thru lane and rear bypass lane approximately three (3) feet closer to the building to increase the buffer between the outside curb line and the rear property line by three (3) feet. So that increased from 8.8 feet to 11.8 feet and this actually improved a cariance condition that was requested. - The amount of impervious coverage was reduced from 75.7% to 75%. This improved the variance but he stated that the applicant is still requesting a variance from the maximum allowable impervious coverage requirement. - Shifting of trash enclosure farther to the northern section of the property away from the property line, for circulation purposes. - Two (2) of the proposed freestanding light fixtures in the rear of the property saved three (3) feet to follow the curb line. With this addition, there was minimal impact to the overall lighting design and light levels at the site. - Additional planting in the rear buffer. The additional three (3) feet allowed the applicant to provide 10 additional evergreen trees as well as three (3) shade trees in the rear of the

at the site. - Additional planting in the rear buffer. The additional three (3) feet allowed the applicant to provide 10 additional evergreen trees as well as three (3) shade trees in the rear of the property. In Mr. Bersch’s opinion, adding those shade trees allows for a multilevel landscape design as well. BOARD QUESTIONS e Chairperson Neuer asked where the curbing to separate the drive thru and the building are located. Mr. Bersch said that the curb follows the east side of the building. Chairperson