2022 11 11 Variance Waiver List

www.dynamicec.com Lake Como, NJ • Chester, NJ • Toms River, NJ • Newark, NJ • Newtown, PA • Philadelphia, PA Bethlehem, PA • Allen, TX • Houston, TX • Austin, TX • Delray Beach, FL • Annapolis, MD Dynamic Engineering Consultants, PC 1904 Main Street Lake Como, NJ 07719 T. 732-974-0198 Variance & Waiver List MPB Realty, LLC Proposed Popeye’s & Fast Food Restaurant 470 Eagle Rock Avenue Block 153, Lot 38 Township of West Orange Essex County, NJ DEC #1021-99-025 Proposed Variance List 1. (§25-Attachment 3) Maximum Impervious Coverage shall be 60% • Proposed: 71.5% 2. (§25-24.2.b.2.i.3) No part of any building or structure used as a fast food restaurant shall be located within one thousand (1,000) feet of any residential district boundary line. • The proposed fast food restaurant is located on a lot which is adjacent to a residential district boundary line. 3. (§25-24.2.b.2.i.4) The minimum size for any lot upon which any fast food restaurant is located shall be 30,000 square feet, and the minimum street frontage of such lot shall be 200 feet. If a fast food restaurant is located on a corner lot, the minimum street frontage on each street shall be 200 feet. • The existing frontage along Rosney Terrace is 182.4’. 4. (§25-24.2.b.2.i.5) Combined entrance and exit driveways to and from any lot upon which is located a fast food restaurant shall have an unrestricted width of not less than 24 feet nor more than 30 feet, shall be located not nearer than 20 feet to any lot line and shall be so designed to avoid the need for any existing vehicle to back across or into any portion of a public sidewalk or street. One-way entrance or exit driveways shall have a minimum width of 18 feet. • The proposed driveway is 13.6’ from the Rosney Terrace property line. 5. (§25-24.2.b.2.i.6) The minimum distance between driveways on a lot upon which is located a fast food restaurant shall be 100 feet, measured from the two closest driveway curbs. • The distance between the two proposed driveways is 95.2’. 6. (§25-24.2.b.2.i.7) The minimum distance of any driveway into the street, of a lot upon which a fast food restaurant is located, from a street intersection shall be 100 feet, measured from the nearest end of the curb radius of the intersection to the nearest end of the curb radius of the driveway. • The proposed driveway is 13.1 FT from the street intersection of Rosney Terrace

red from the nearest end of the curb radius of the intersection to the nearest end of the curb radius of the driveway. • The proposed driveway is 13.1 FT from the street intersection of Rosney Terrace and Eagle Rock Avenue. 7. (§25-12.1.A) All off-street parking areas shall have a 5 foot wide sidewalk at least 5 inches above the parking area level between any building and a parking area or drive used by the public. • No sidewalk is proposed between the building and the drive-thru lane.

MPB Realty, LLC November 11, 2022 Page 2 of 3 8. (§25-2.1.B) The entire perimeter of all parking areas and the edges of all entrance and exit drives shall be enclosed with a concrete or granite block curb at least 6 inches above the paving surface. Curbing shall not be less than 5 feet from any fence or screening nor less than 5 feet from any structure. Where required, concrete wheel stops shall be provided. • There is curb proposed directly adjacent to proposed building at the drive-thru window and 1.3’ from proposed fence adjacent to bypass lane. 9. (§25-12.1L) In the O-B and B districts, off-street parking may be placed in the side or rear yard only. • Parking is proposed in the front yard 10. (§25-12.1I) Each entrance or exit from such parking area shall be at least 50 feet from any residential district. • The northwest access aisle is 37.4’ from a residential zone. 11. (§25-8.1) In any district, no accessory structure, building, storage area, off-street parking area or truck loading space shall be permitted within 5 feet of a property line. • The trash enclosure is 1.1’ from the rear property line. 12. (25-8.1A) No accessory uses shall be located within any minimum required front yard or side yard. • Parking is within the front yard and the trash enclosure in a side yard. 13. (§25-11.2) Side yards of nonresidential buildings on lots which are contiguous to the boundary of any residential district shall have a minimum required width of 75 feet. • The proposed Popeyes is 66.9’ from a side front yard contiguous to residential district boundary. 14. (§25-11.3.a) Along any side or rear property line which is also the boundary line between a nonresidential district and residential district or is contiguous to a residential use in a residential zone, a buffer strip shall be planted and maintained perpetuity with trees and shrubbery of such sizes and densities as to adequately screen the building form such abutting residential district or use in a residential zone. The required buffer width shall be 50 feet in all nonresidential zones. The requirement shall be reduced for lots that are less than 40,000 square feet in area and/or less than 300 feet in width. On such smaller lots, the required buffer width shall be 10% of lot width or depth, but not less than 20 feet. • The residential buffer is 1.1’ 15. (§25-15.3.C.2.b) One (1) building mounted sign is permitted

smaller lots, the required buffer width shall be 10% of lot width or depth, but not less than 20 feet. • The residential buffer is 1.1’ 15. (§25-15.3.C.2.b) One (1) building mounted sign is permitted per permitted use. • Proposed: 6 building mounted signs (5 for Popeyes and 1 for Fast Food Restaurant) 16. (§25-15.3.C.2.b) The maximum building mounted sign area shall be 100 square feet. • The total area of the proposed Popeye’s signs equals 198.9 SF. 17. (§25-15.3.C.2.d) The maximum freestanding sign height shall be sixteen (16) feet. • Proposed Popeye’s freestanding sign height is 20’ 18. (§25-15.3.C.2.d) The maximum freestanding sign width shall be six (6) feet. • Proposed Popeye’s freestanding sign width is 7.88’ 19. (§25-15.3.C.2.d) One (1) freestanding sign is permitted on a lot. • Two freestanding signs are proposed for the lot.

MPB Realty, LLC November 11, 2022 Page 3 of 3 Proposed Waiver List 1. (§25-14.3) The minimum maintained lux/footcandles in parking areas shall be 20/2.0 lux/footcandles. • The proposed minimum maintained illumination in parking areas is 0.5 of a footcandle. 2. (§25-13.2) Environmental Impact Statement • The proposed project requests a waiver from the requirement of an Environmental Impact Statement due to the fact that the project proposes a reduction in impervious coverage while remaining within the existing developed area. As such, no environment impacts will occur as a result of the proposed development.