April 16, 2026, Regular Meeting

She explained that the application complies with the criteria of the drive-up window ordinance, which covers not only fast food but also banks and pharmacies. The tree replacement requirement was recalculated to 22 trees required (down from ith 64 trees proposed, exceeding requirements. Ms. Clark explained that relief being sought for: Parking in front yard/front side yard (allowed by variance due to corner lot and existing conditions). Curbing within 5 feet of structure for safety near drive-through window. No dedicated loading space, with loading planned during off-hours. Signage: proposing 7 signs totaling 229 sq. ft., exceeding the 120 sq. ft. permitted; largest individual sign is about 48 sq. ft. Lighting: parking area li ghting dips below the 2-foot-candle minimum in some areas (lowest 0.6 foot-candles) to reduce light pollution, mitigated by landscape buffers and solid fencing. Ms. Clark highlighted that the application advances multiple purposes of municipal land use law, including promotion of general welfare, a desirable visual environment, and ec In her nomic development compatible with the suburban character. pinon, the site design provides adequate queuing for drive-through traffic and safe circulation. Ms. Clark referenced a comparable existing Popeyes in East Orange being located on county |roads adjacent to residential properties, offering suitable comparisons. The planner acknowledged that some ordinance interpretations (e.g., 500-foot spacing betwee: and safe BOAR W.M. B fast food uses) were done conservatively but confirmed that site distances ‘ty measures are adequate. D QUESTIONS arbee asked about the lighting in the rear signage and if there is a time that it goes out. Ms. Clark said that she believes its from previously testified signage. To which ir. Barbee said that he withdrew the question. L. Cohen asked for the name of the tree expert utilized expertise behind the tree expert’s report and if they had visited the site, noting trees marked as dead in his opinion appeared healthy. T. Ben-Zvi asked (using A7 as a reference) about the distance to the building From Jersey Aike's to the building was 320 feet, correct? Ms. Clark said that from building to building, and then from curb cut to curb cut, it's 325 feet. Dr. BenZi referenced page 3 in the report submitted that the driveway on the subject

0 feet, correct? Ms. Clark said that from building to building, and then from curb cut to curb cut, it's 325 feet. Dr. BenZi referenced page 3 in the report submitted that the driveway on the subject property serving the fast food use is located approximately 360 feet from the driveway to a shopping center housing the Jersey Mike’s and Chipotle and how those calculations occurred. Ms. Clark said that there are two (2) kind of metrics and that they were trying to be conservative. The 325 feet gets to the curb cut for the other property. But that's actually just the turnout lane. So if it was measured to the turn-in point for that property, it's actually closer to 425 feet. So it ranges depending on how that measurement is being cut. The|Ordinance doesn't specify exactly, but if you want to go egress to egress, it's closer to|425 feet, so that 360 was probably pulled just from the midline of the median,

PROFESSIONALS QUESTIONS eC. Doghney confirmed that granting a variance to allow fast food restaurants within 500 feet of others could create a nonconforming use, but case law supports that this is an acceptable conditional use with proper impact mitigation NO PUBLIC QUESTIONS It was at this time that Chairperson Neuer announced this application ZB-22-13 MPB Realty (470 Eagle Rock Regular Meeting| Avenue), will be carried with preservation of notice to the May 28, 2026, via the Zoom platform. This will be put on the schedule, understanding that the applicant would like a Special Meeting considered. Ms. Kinback waived the statutory time period for this application. Chairperson Neuer adjourned the meeting at 10:58 PM Adopted: JL 2 A 22 idler, Secretary