PB-25-12 262 & 270 Main Street Realty LLC Block: 114 Lots: 50 & 55 Zone: B-1

SECTION/REQUIREMENT | PERMITTED/REQUIRED | PROPOSED 25-7.1 Maximum Impervious | 75% 97% Coverage 25-12.2.b.5(b) Number of off- | 57 (CBD District) 43 actual (47 with 4 EV street parking spaces credits) 25-12.3.a.1 Number of 2 I 1 on-site and one temporary Loading Spaces | loading space on Main Street | 25-12.3.b.1. Location of 5 feet from rear/side property | 0 feet Loading Spaces line | | i 25-12.2.b.). Location of 10 feet! from rear/side lot 0 feet parking | | 25-8.4.c, Fence location 5 feet from principal — <Sfeet | residenitial building 25-11.3.. Buffer Strip 20 feet! None 25-12.1.a. Sidewalk between | 5 feet None building and parking area | i 25-12.1.£. Parking backing Not permitted Two (2) spaces proposed onto right-of-way (Prospect Place) 25-15.3.c.1.b. Facade sign 2h height (two feet) 8’ (eight feet) 25-15.4.1. Canopy sign 8” height (eight inches) 18” (eighteen inches) 36. 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 11

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 dtawings, 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 lauthority 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). 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.

37. _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 one on site loading zone and 43 parking spaces (47 with the 4 EV parking space credits) satisfy the c (2) criteria as the parking is driven by customer need and business operation. The ordinance calculation for required parking is based upon square footage and the evidence demonstrated that 4,144 sq. ft. of the building was for storage which would not be used by patrons of the store. Therefore, the proposed parking for a state of the art supermarket which is located in a walkable community and downtown setting provides benefits that outweigh the detriments. The proposed supermarket beautifies the corner and will revitalize the downtown area and contributes to improved pedestrian walkability of the downtown. The Applicant investigated whether a different layout such that the loading space was not on Main 13

Street could be achieved and ultimately determined that the loading on Main Street was the safest and constituted a better planning alternative than onsite loading. 2. The variances for the signs are appropriate due to the scale of the building and are an aesthetic enhancement. 3. The variance for maximum impervious coverage is a significant improvement over the existing’conditions and the proposed project provides significant green alternatives for stormwater management and satisfies the c (2) criteria. 4.» The remaining variancés requested are generally related to distance from neighboring property:lines and are in part resulting from the physical features that uniquely affect this Property as a previously developed, irregularly shaped corner lot with three street frontages that is located in the B-1/CBD Zones but directly abuts residential uses. The proposal represents a better planning alternative to meet the Township’s goals for these, zones versus than strict compliance with the underlying ordinance. 5. The proposed variances satisfy several purposes of the MLUL, specifically N.J.S.A. 40:55D-1 a. (advances thé general welfare), g. (provides sufficient space for a variety of commercial uses to meet the needs of the community and the downtown area) and i, (provides a desirable visual environment which is a significant improvement from the existing property with a beautiful modern design). 6. 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. The Board notes that

only one member of the public questioned any of the Applicant’s witnesses and no member of the public objected to the proposal. . The request for a design waiver as to illumination levels of pedestrian walkways and design standard guidelines related to materials used on the exterior is appropriate as the proposed design uses new materials that will require low maintenance and provide architectural interest and aesthetic enhancement. . Checklist waivers for items 25., 41. and 42 should be granted and checklist item 31 shall be modified such that Applicant shall provide existing and proposed contour levels 20’ beyond the subject property. 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, design and checklist. waivers and reverse subdivision is hereby granted to 262 Main Street Realty, LLC and 270 Main Street Realty, LLC.; and IT IS FURTHER RESOLVED that the approval granted to 262 Main Street Realty, LLC and 270 Main Street Realty, LLC., is subject to the following terms and conditions: L. 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 hereii.: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. 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. 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 April 10, 2026. Applicant will install a bench for persons to use while waiting for the Senior Citizen/town services bus/jitney. 16

8. 9. 10. 19, No trash collection or deliveries from 9:30PM to 6:30AM. Low level landscaping will be used to maintain sight triangles. Applicant will contribute to the painting of a new crosswalk to cross Main Street at either Erwin Place, Kling Street or Prospect Street as directed by the County or Township. The loading zone proposed on Main Street is subject to the approval and directives of the County Planning Board and/or Mayor and Council. Deliveries to the Main Street’loading area are restricted to the hours of 7AM and 12 noon. The two employee: spaces that back on to Prospect Place, shall be identified with signage, “Employee Parking Only.” The rainwater gardens must be maintained in perpetuity. The proposed parking lot shall be reviewed by the Fire Sub Code Official to determine if any portion of the parking lot should be striped as a fire lane. Applicant will provide a turning template for the turning of WB55 (standard articulated delivery trucks) to the Township and Board Engineer for approval. Applicant shall a final, revised plan as part of Resolution compliance that depicts sight lines for cars exiting the Main Street parking lot to the right and left. Applicant shall work with the Board Engineer and Township Fire Official to determine if one of the proposed ADA parking spaces may be safely and feasibly used as EV parking space, and shall revise the plans to provide such space if deemed feasible. As to Site Plan Checklist Item 31, Applicant shall provide existing and proposed contour levels 20’ beyond the subject property. 17

20. 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 Ql 2126 , and memorialized herein pursuant to N.J.S.A. 40:55D10(g) on alzlz¢ ie Jamilet ne lel / Planning Bo ecretary

Vote Action Taken by the Board on August 12, 2026: Board Motion |Second Aye Nay Abstain Absent Member K. Alper * J. Guarino i as L. Klein Xt S. McCartney S. Scarpa C. Morgan 6 PS PT DM | F. Noborine W. Wilkes ea L Kapferer | x J.Cardoza__ = R. Bagoff x Vote on Memorialization on September 2, 2026 Board Member. |. Motion _|Second Aye Nay Abstain Absent K. Alper | xX J. Guarino a L. Klein = S. McCartney x $. Scarpa C. Morgan 6] P<] P<] DS F. Noborine W. Wilkes ates L. Kapferer { 4 J. Cardoza | = R. Bagoff x | x 19