May 28, 2026, Regular Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING 8:00 P.M. The West Orange Zoning Board of Adjustment held a regular meeting on May 28, 2026, commencing at 8:00 PM utilizing the virtual Zoom platform. Chairperson Philip D. Neuer called the meeting to order at approximately 8:00 PM. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle, and the Star-Ledger and pdsted on the Township Bulletin Board in accordance with the “Senator Byron M. Baer Open Public Meetings Act” and the “Publication Reform Act.” Chairperson Philip D. Neuer asked everyone to stand for the Pledge of Allegiance. Ms. Kelly Carey, Esq., Board Attorney, read the opening statement. ROLL CALL Present: Tal Ben-Zvi, William Michael Barbee, Laurence Cohen, Michael Dannemiller, Todd Dubovy, Robin Miller, Philip D. Neuer, Irv Schwarzbaum, : L Brent D. Scott (8:09 PM Arrival), Mare Sussman Absent: Alice Weiss (Excused) Also Present: Kelly Carey, Esq., Board Attorney Diana L. Chandler, Board Secretary John Hess, Consultant Engineer Christopher Dochney, Consultant Planner Ms. Carey and Chairperson Neuer confirmed the presence of a quorum of Board Members. ANNOUNCEMENTS Future Meetings: June 4, 2026 (Special Meeting) June 18, 2026 (Regular Meeting) July 16, 2026 (Regular Meeting) August 20, 2026 (Regular Meeting) e Chairperson Neuer announced that upon request of the applicant, ZB-22-13 MPB Realty (470 Eagle Rock Avenue) is being carried with preservation of notice to the June 4, 2026, Special Meeting via Zoom starting at 8:00 PM. e Chairperson Neuer announced that upon the request of the applicant, ZB-25-10 Seton Hall Preparatory (700 Prospect Avenue) is being carried with preservation of notice to the July 16, 2026, Regular Meeting via Zoom starting at 8:00 PM.

SWEARING IN e Township Professional(s) Mr. Christopher Dochney (Consulting Planner) and Mr. John Hess (Consulting Engineer) were sworn under oath. MINUTES e April 16, 2026, Regular Meeting Motion: Chairperson Neuer Second: W.M. Barbee Barbee: ¥. Schwarzbaum: Y Ben-Zyi (Alt.): Y Scott: - Cohen: Y Sussman (Alt.): y Dannemiller (Alt.): _ Weiss: = Dubovy (Alt.): | ¥ Neuer: Y Miller: Y RESOLUTIONS e ZB-25-12 Pullman (12 Knollwood Drive) (Approved 4/16/2026) Block: 161.06; Lot 21; Zone: R-4 Residential The applicant proposes to construct a new reading room and deck in the rear of an existing ranch style single family home with a two-car garage. The property’s existing rear yard setback does not conform to the R-4 bulk requirements. A bulk variance is required for a continuing encroachment into the required rear yard setback. This application was approved with conditions at the April 16, 2026, Regular Meeting. e =ZB-25-12-Pullman-12-Knollwood-Drive-ZBA-Application-Amendment---Verification- and-Authorization-Page (red-4-2 1-2026) e Addendum-1-red-4-28-2026 Motion: Chairperson Neuer Second: R. Miller Barbee: Y Schwarzbaum: Y Ben-Zvi (Alt.): Y Scott: - Cohen: Y Sussman (Alt.): Y Dannemiller (Alt.): - Weiss: - Dubovy (Alt.): Y Neuer: Y Miller: xi

APPLICATIONS 1.) ZB-25-07 Mavis Tire 460 Prospect Avenue Block 105, Lot 64.01 The applicant proposes to remove the existing structure and construct a tire center/motor vehicle service station with seven service bays and a retail sales area encompassing 1,142 square feet including a showroom, sales counter, waiting area, and bathrooms. A d-1 use variance relief is required to permit a motor vehicle service station in the general commercial district. PRESENTATION e Ms. Lisa John-Basta, Esq entered the record on behalf of applicant Mavis Tire and gave a summary of the proposed application with seven (7) experts set to testify. e Mr. Jake Wilcox and Mr..Rob Tobin were sworn under oath on behalf of Mavis, provided credentials, and were accepted by the Board as “Fact Witnesses”. Ms. John- Basta confirmed that she was not seeking to have them qualified as experts. e Mr. Wilcox confirmed that Mavis originally had a facility located at 235 Prospect Avenue, which was in business as a tire store since 1982 then Mavis acquired that as part of a larger STS acquisition in 2015 and it was operational until May of 2025. When operational, there was a high volume of customers (roughly 9,000). When the landlord elected not to renew Mavis’ leave as part of the development of what is now the West Orange Plaza complex, we were left with no choice by to look at other locations in that general vicinity to not loose the built up client base. The subject site at 460 Prospect Avenue was selected due to the 4,100 customers within the two (2) mile radius. There were approximately 17 different sites throughout the years. e Mr. Tobin'confirmed that the variance required for tonight’s meeting categorizes the subject use as a motor vehicle station. Ms. John-Basta read the definition of a motor vehicle station where Mr. Tobin said that this Mavis location won’t be performing any major repairs (ie major engine, transmission work, dispense retail fuel or any types of fuels at all). The tasks that will be performed will be on a smaller scale (ie: tire installation, balance/wheel alignment, rotations, pressure monitor replacements, AC, suspension, brakes, oil changes, shocks, struts...) with an average turnaround time of being between an hour to two (2) hours. When waiting, usually customers patronize other areas nearby. Mr. Tobin reiterated that when the other location was

truts...) with an average turnaround time of being between an hour to two (2) hours. When waiting, usually customers patronize other areas nearby. Mr. Tobin reiterated that when the other location was operational, customers would walk to Whole Foods for shopping or go to Staples spending money in town. Mr Tobin said that based on this anticipated site that since AMC and the Essex Green are in a similar vicinity type, that the same could occur. e Mr. Tobin confirmed that the proposed hours of operation for this site would be a seven (7) day a week operation (Monday, Tuesday, Wednesday, Friday 8:00 AM — 5:00 PM; Thursday 8:00 AM — 8:30 PM; Saturday 8:00 AM — 5:00 PM; Sunday 9:00 AM — 5:00 PM) e Ms. John Basta referenced the Planning Review Letter (dated - March 25, 2026) asking if there was a possibility that Mavis could at an hour after the closing of the shop, be willing to reduce the lights or turn the lights down at the facility. Mr. Tobin said absolutely since the lights are on a timer, it won’t be a problem to reduce it to the security lighting and or leave the wall packs on to shut off after a certain time. e Inregards to deliveries, Mr. Tobin testified stating that a tire delivery of approximately 15 tires would come in daily during daytime hours (10:30 AMish). A loading dock is not proposed so the box truck would pull up to a service bay and the tires would be rolled in. The only difference would be for scrap tires where the pick up would be every two (2) weeks and the same for parts/office supplies

Garbage pickups would occur through a private hauler. BOARD QUESTIONS Chairperson Neuer asked about the previous service of a drop-off where cars while the store was closed a prospective customer could pull in and put their keys in a lockbox and whether the applicant plans on having this service at the new location. Mr. Tobin said yes. Chairperson Neuer suggested that they eliminate the drop off feature given that it goes against previous testimony stating that there would be no cars parked overnight. Mr. Tobin said that it can be eliminated. Ms. John-Basta followed up stating that they can eliminate the key drop as a condition of approval, and also can agree that no vehicle larger than a box truck would be arriving at the site, clearly after the initial fit-out. Chairperson Neuer asked about deliveries and the type of truck being used and if there will be anything larger than a box truck making deliveries to the site. Mr. Tobin said that.as a general practice, they only use box trucks in-house. Chairperson Neuer asked about fluids, waste oil removal and the name of the company, time between pickups, and how long it is kept on site. Mr. Tobin said that they would be using Crystal Clean, that at the last facility pickups were every 45 days. Chairperson followed up by asking where the fluids are kept and how they are stored. Mr. Tobin said that they are stored in a waste container that is sealed inside of the building. Chairperson Neuer asked about employee parking in the spaces closest to Blueberry Bend and if Mr. Tobin would accept that as a condition. Mr. Tobin said yes. Ms. Robin Miller asked if the scrap tires are stored inside the building. Mr. Tobin said yes. Ms. Miller asked if there is overflow where they would be stored. Mr. Tobin said that they would never leave the building. Ms. Miller asked about the consumerism at the previous location being different from this site as being very different due to having to cross Prospect Avenue where there are no sidewalks and if they will be installed. Ms. John-Basta answered in the affirmative. Mr. Brent D. Scott asked if the services at this location would be similar or the same as the one in Verona on Bloomfield Avenue. Mr. Tobin said yes. Mr. Scott asked if they will be doing oil changes and if so, where is the oil kept and how many are done in a week. Mr. Tobin said that he doesn’t have those exact

omfield Avenue. Mr. Tobin said yes. Mr. Scott asked if they will be doing oil changes and if so, where is the oil kept and how many are done in a week. Mr. Tobin said that he doesn’t have those exact numbers on how many done in the a week but that the oil in the old building was picked up about every 45 days. That container was approximately 200 gallons with a Wi-Fi-enabled monitor that it's on the dashboard in the store, and it's monitored as well at the corporate office. Mr. Scott asked if a car is left after completion for more than 24 hours, what is the procedure. Mr. Tobin said that the general practice is that when the car is left overnight, it is put inside the facility. Mr. Irv Schwarzbaum said how long they were at their previous location. Mr. Tobin said that they originally opened as STS in 1982 and in 2015 Mavis acquired that one. Mr. Schwarzbaum followed up by asking if when they were at the previous location if there were any violations from the Township of West Orange. Mr. Tobin said that he would not be able to answer that. Mr. Schwarzbaum asked if free self service air is offered all of the time? Mr. Tobin said that it is something proposed. Dr. Tal Ben-Zvi asked if there will be parking on-site for employees. Mr. Tobin said yes. Dr. Ben-Zvi asked if repairing tires is also part of their facility. Mr. Tobin said yes. Dr. Ben-Zvi asked for clarifications as Mr. Tobin stated that they are not a “repair shop”. To which Ms. John-Basta said that she believes the testimony was that they don’t do

major repairs. That there are certain repairs that are done to tires but Mavis does not do major auto repairs. Chairperson Neuer asked for confirmation while referencing the Site Plan bays opening towards Blueberry Bend and that there are no bays opening either to the front of the store facing Prospect and there are no bays to the rear facing the condominium development. Mr. Tobin said, yes. Chairperson Neuer asked him to discuss with counsel as he believes that a condition should be added that there would be no bay doors opening towards Prospect Avenue and no bay doors installed facing the condominiums. Ms. John-Basta said that they can agree to that. Chairperson Neuer asked if when employees are working vehicles, are the bay doors left open or closed? Mr. Tobin said that it would all depend on the weather. Mr. Scott asked within a seven (7) day period about how many cars were you servicing at the previous location: Mr. Wilcox said that he believes Mr. Tobin testified to about 20 cars earlier. PROFESSIONALS QUESTIONS Mr. John Hess asked about services provided and whether brake repairs are done. Mr. Tobin said yes that brake repairs are done. Mr. Hess asked if brake replacements, radiator flushes, and brake fluid flushes are performed. Mr. Tobin said yes. No questions from Mr. Christopher Dochney PUBLIC QUESTIONS Kevin Malanga (Ridge Road) asked for confirmation that if when a customer brings in a-car for four (4) tires; that.car is assigned to one (1) technician. Mr. Tobin said yes. Mr. Malanga asked how many cars will that technicaiton handle in one (1) day. Mr. Tobin said that it depends on their accuracy, speed, and experience. Mr. Malanga asked what is needed for seven (7) bays at this facility. Mr. Tobin said that seven (7) bays with four (4) technicians keep the customers flowing. Mr. Malanga asked how many air compressors will there be at this location. Mr. Tobin said two (2) inside the shop. Mr. Malanga followed up by asking about whether they will exhaust outside the shop. Mr. Tobin responded by stating that they are inside the shop. Mr. David Dockery (Counsel for the Villas at Eagle Ridge Condominiums as a corporate entity. He does not represent its individual owners.) asked Mr. Wilcox for clarification on the 17 sites proposed and an explanation as to why they were not suitable but this one was. Mr. Wilcox said that with the

es not represent its individual owners.) asked Mr. Wilcox for clarification on the 17 sites proposed and an explanation as to why they were not suitable but this one was. Mr. Wilcox said that with the redevelopement of the WO Plaza they were given relatively short renewals on their lease, then were informed that the lease would not be renewed. Mr. Dockery asked about the characterization of whether this is a motor vehicle service station or a retail store, and confirmation of testimony from Mr. Tobin that it more closely resembled a retail store. Mr. Tobin said yes. Mr. Dockery followed up by asking for confirmation on the testimony that would be tire installation and other automotive repair services. Mr. Tobin said yes, but only tire installations and automotive maintenance services. Mr. Dockery asked about the tools being used on-site such as air compressors and tire installation equipment and the type of noises those tools generate. Mr. Tobin said that he cannot speak to the noise levels. Mr. Tobin said that he cannot speak to noise levels.

e Mr. Gavin Norwitz (220 Cerruti Court) asked if a car enters facility that is already leaking what is done to maintain or removew any oils from the grounds outside of the building. Mr. Tobin said that the oil leak would be contained but size of the spill would depend on the next steps as far as environmental concerns. As far as the repair, its not something normally done if it were a simple repair such as an oil filter that maybe for punctured but otherwise would be recommended to a dealership or some other automotive place that could handle repairs like that. Mr. Norwitz followed up by asking how often spills would occur. Mr. Tobin said that he would not have the numbers on that. e Mr. Norwitz asked about the free air as one of the services offered and whether it is self service and open 24 hours. Mr. Tobin said that it is a self service machine and whether it is left open 24 hours or have an open/closed time is debatable. e Mr. Michael Gorman (212'Cerruti Court) asked Mr. Wilcox based on testifying that the previous store had 9,000 customers serviced per year, what is the anticipated customer count for this new store. Mr. Wilcox said that he does not know that information. e Ms. Barbara Friedman (291 Araneo Drive) asked Mr. Tobin if he could confirm the amount of oil that is stored on site until it is removed by Crystal Clear. Mr. Tobin said that the tanks hold 200-250 gallons. Ms. Friedman followed up by asking if there were ever any issues. Mr. Tobin said he does not recall. e Ms. Susan Donas (108 Coccio Drive) asked based on the information that the business being open seven (7) days a week, when will the work requiring air compressors and assorted ‘tools be used. Mr. Tobin answered during the workday hours. e Ms. Stacy Harris (304 Araneo Drive) asked for clarification as to when the free air would be available. Mr. Tobin said that he was amending his previous answer to that question that it would be available during business hours. e Ms. Mindy Feld (Zeppi Lane) asked Mr. Wilcox asked if any of the 17 locations considered were in West Orange and where exactly they were. Mr. Wilcox said that he believes that they were all in West Orange. Ms. Feld asked if any were denied because of residential complaints. Mr. Wilcox said that he is not the best person to answer that as he was not with the company at that time. e Ms. Tyne Hunter (40 Musano Court)

ed if any were denied because of residential complaints. Mr. Wilcox said that he is not the best person to answer that as he was not with the company at that time. e Ms. Tyne Hunter (40 Musano Court) asked where is intended for employees to be parking. Chairperson Neuer answered stating that it was previously testified that there will be parking spaces along the what is designated as Blueberry Bend. e Ms. Candace Wildly (31 Digaetano Terrace) asked about the selection of the site and how far they are from the residential neighborhoods. Mr. Wilcox said that he cannot provide that information. e Ms. Eileen Toll (149 Dezenzo Lane) asked if Mavis does not get the variances it seeks, will the contract be voided? Mr. Wilcox said that he didn’t feel comfortable disclosing the details of a contract between Mavis and another party. Chairperson Neuer announced that Public Questioning is closed. Break 9:28 PM — 9:38 PM