PB-25-10 Trader Joe's (457 Mount Pleasant Avenue)

41, N.J.S.A. 40:55D-46a. and b. and N.J.S.A. 40:55D-50a. govern the Board’s review of the preliminary and final site plan application. N.J.S.A. 40:55D-46a provides that an “ordinance requiring site plan review and approval shall require the developer submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met.” N.J.S.A. 40:55D-46a further provides that “The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.” N.J.S.A. 50:55D-46b provides that “if the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development” and “the planning board shall, if the proposed development complies with the ordinance and this act, grant preliminary site plan approval.” N.J.S.A. 40:55D-50a. provides that final site plan approval “shall” be granted if the detailed drawings, specifications, and estimates of the application conform to the standards of all applicable ordinances and the conditions of preliminary approval. As such if the applicant meets the standards set forth in the ordinances, the planning board lacks the authority to deny approval of the site plan and subdivision. N.J.S.A. 40:55D-50a; PRB_Enters., Inc. v. S. Brunswick Planning Bd., 105 N.J. 1, 7 (1987); Dunkin' Donuts of N.J., Inc. v. Twp. of N. Brunswick Planning Bd., 193 N.J. Super. 513, 515 (App. Div. 1984). IL

Conversely, if the application does not comply with all ordinance requirements, the Board must deny approval. Cortesini v. Hamilton Planning Board, 417 N.J. Super. 201, 215 (App. Div. 2010). However, there are two exceptions: (1) The first exception is where an application does not comply with all ordinance requirements but the Board grants relief in terms of variances or exceptions. In that case, the Board then must review the application against all remaining ordinance requirements and grant approval if the application complies with all such remaining requirements. 42. N.J.S.A. 40:55D-60 permits. a planning board to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance as part of site plan or subdivision review. The variance proofs are the same as for “c” variances as set forth in N.J.S.A. 40:55D-70. A c (2) variance may be granted when the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements outweigh any detriments. The benefits derived from granting a “c (2)” variance must include benefits to the community as a whole, not just the applicant or property owner. A “c” variance must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. The requested variances for the trash enclosure in the front yard satisfy the c (1) criteria as the Property has three front yards 12 iv

2. The variances for maximum impervious coverage, location of accessory uses, minimum setback of parking abutting residential district, fence height in side and rear yards of nonresidential districts, height of walls and fences for screening, screening of utility structures, number of loading spaces, minimum parking area illumination, canopy projection, and canopy sign height satisfy the c (2) criteria because the proposed project is: eliminating a long vacant retail space without disturbing the surrounding area, providing an essential retail service within a walkable distance of the adjacent residential neighborhood and is easily accessed by motorists, improving the site function and circulation while adding a loading space and EV spaces, eliminating an existing parking variance, enhancing the overall appearance through building design and striping of the parking lot and enhancing the general welfare by refurbishing the space for an adaptive re-use. The proposed variances satisfy several purposes of the MLUL, specifically N.J.S.A. 40:55D-2a., g., i. j., and m. 3. The benefits of the project outweigh any negatives and present no substantial detriment to the public good as almost all of the requested variances are pre-existing or are being lessened by the project. Taken as a whole, the project represents a better planning alternative than if strict compliance with the Code were required. 4. A Soil Movement Permit is warranted and is in accord with the standards and requirements of Chapter 30 of the Township Code. NOW THEREFORE BE IT RESOLVED by the Planning Board of the Township of West Orange that approval for Preliminary and Final Major site plan with c variances and Soil Movement Permit is hereby granted to Trader Joe’s East, Inc.; and 13

IT IS FURTHER RESOLVED that the approval granted to Trader Joe’s East, Inc., is subject to the following terms and conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations, and directives, including without limitation, obtaining all applicable local, state, and federal approvals, or permits. If another governmental entity or agency grants a waiver or a variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successor or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. All construction, use and development of the Property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. 14

10. The Applicant shall pay all outstanding application fees and technical review fees, board attorney fees for preparation of the resolution, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of the notification or this approval shall be deemed withdrawn.. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. Applicant will comply with the recommendations and directives of the CME review letter dated December 29, 2025, except for Item C.4., concerning submission of an Environmental Site Analysis per §25-29.10.c.2. of the Land Use Regulations (the Board granted a partial waiver and require that the Applicant submit a colored steep slope exhibit as a condition of approval, as reflected in Condition #8 below). Applicant will supply the calculations for the area of disturbance to Township Engineer and Planning Department. Applicant will supply a colored steep slope exhibit to Township Engineer and Planning Department. Applicant will comply with the Fire Department requirements that the fire lane will be striped and marked “No Parking Fire Lane.” Applicant agrees to work with the Township Engineer to formulate traffic calming devices where necessary, including crosswalks for pedestrians and bollards along the entrance.. 15S

12. 14. 15. 16. 17: 18. 20. The Township Senior Citizen transport bus/jitney will be permitted to utilize the fire lane area for short stops for pick-up and delivery of senior citizens in accordance with the testimony provided as to the agreement with the Fire Official. Applicant will install a bench or benches for senior citizens to sit while they wait for the Senior transport. Applicant will mark the compact space at the bridge area as one would enter the site. Applicant shall install a solar panel lighted stop sign and paint a stop bar for traffic entering the site from the bridge that is located at the entrance from Pleasant Valley Way. Applicant will comply with the Township noise ordinance as to trash pick-up. Composted trash will be kept inside in a refrigerated area and removed twice a week by private hauler. Applicant will install, with the advice and consent of the Essex County Planning Board, an LED lighted stop sign at the exit onto Pleasant Valley Way. No truck deliveries to or from Trader Joe’s onto or from Mt. Pleasant Place are permitted. Applicant will improve, with the advice and consent of the Essex County Planning Board, the sidewalk and ADA curb ramp onto Pleasant Valley Way and will work with the County of Essex with respect to those improvements. The Applicant shall list all conditions of approval onto a final site plan submission prior to the submission of the building permit.

The undersigned secretary certifies the decision set forth herein was made by this Board on February 4, 2026, and memorialized herein pursuant to N.J.S.A. 40:55D10(g) on February 25, 2026. Mena yl Zllog) Diana L. Chandley7 Acting Planning Board Secretary 17

Vote Action Taken by the Board on February 4, 2026: Board Motion | Second Aye Nay Abstain. Absent Member K. Alper IX 4 J. Guarino L. Klein S. McCartney x S. Scarpa x C. Morgan F. Noborine x W. Wilkes L Kapferer J. Cardoza R. Bagoff IX | x Vote on Memorialization on February 25, 2026: Board Member | __Motion |Second ‘| Aye Nay Abstain Absent K. Alper IX J. Guarino L. Klein S. McCartney Xx x S. Scarpa 1 |X C. Morgan i F. Noborine i W. Wilkes L. Kapferer J. Cardoza R. Bagoff IX | |x 18