June 4, 2026 Special Meeting

requested by the applicant. BOARD DISCUSSION T. Dubovy spoke in opposition to this application due to many factors, including the shade tree requirement not being met to reach a 50% level. T. Ben-Zvi spoke in opposition to this application due to many factors, including the safety factors of this application. M. Dannemiller spoke in opposition to this application due to many factors, including that either of these uses could be great and nice on the site and the variances requested are not due to hardship but a desire to fit too much on a small site. M. Sussman spoke in opposition to this application due to many factors, including the proximity to the residential homes, trying to cram too much onto the single lot, and the Traffic Studies being done before Target opened. A, Weiss spoke in opposition to this application due to many factors, including the hours of operation for both proposed restaurants, in disagreement with their noise studies, and the traffic study not taking into account West Orange Plaza’s recent opening of Target. B. D. Scott spoke in opposition to this application due to many factors, but stated that it is nothing against Popeyes as an organization just that this is just not suitable due to proximity to residences. R. Miller spoke in opposition to this application due to many factors, including non creditable testimony referencing the April 16, 2026 meeting where testimony stated that there would only be 120 cars per day. She believes that it be more similar to 120 per hour during high volume times which is just unacceptable in her opinion at that site. L. Cohen spoke in opposition to this application due to many factors, despite liking the food at both restaurants (IHOP and Popeyes), having such a detriment to the neighbors because of the two (2) restaurants in one deal not being acceptable to him as it’s just not safe.

e W. M. Barbee had no extra comment than what he has already previously stated. e 1. Schwarzbaum spoke in opposition to this application due to many factors, including the fact that it being located in the B2 zone and zoned for a restaurant, not two (2) with too many variances being requested. e Chairperson Neuer spoke in opposition to this application due to many factors, including the choice to repurpose the structure instead of demolishing it; the applicant's profitability is not something that justifies a variance; cramming two (2) restaurants into one what was originally one (1) is an overreach; and safety issues with traffic. Motion to Deny: Chairperson Neuer Second: W. M. Barbee Barbee: Y Schwarzbaum: Y Ben-Zyi (Alt.): i - Scott: Y Cohen: | Y Sussman (Alt.): - Dannemiller (Alt.): - Weiss: bd Dubovy (Alt.): - Neuer: Y Miller: | Y e By unanimous vote, application Z.B-22-13 MPB Realty (470 Eagle Rock Avenue) is denied including all requests for variances. Board Attorney, Ms. Kelly Carey said that she is going to take the 45 days allowed to do the Resolution and aim to have it ready for the July 16, 2026, Regular Meeting. Chairperson Neuer adjourned the meeting at 10:13 PM Adopted: b 13/9 Lp Lun Lh Diana L. Chafdler, Secretary