Executed Application

TIMOTHY M. PRIME, (4 pRIME & TUVE] JASON R. TUVEL, / DUNCAN M. PRIME. MICHAEL MICELL, / SS TYLER T. PRIME, / NANGY A. LOTTINVILLE. ATTORNEYS AT LAW SARA R. WERNER, / BENJAMIN TR. WINE, / Th JULUA M. ELAHIN, / : ' a DANIEL H. KLINE. / 1 mt c December 23, 2022 VIA UPS Township of West Orange Zoning Board of Adjustment 66 Main Street West Orange, New Jersey 07052 Attn: Diana Chandler-Zimmerman, Board Secretary RE: Application for Preliminary and Final Major Site Plan, Use and Bulk Variance Relief (the “Application”) Proposed restaurants with accessory drive-thru’s MPB Realty LLC (the “Applicant”) Block 153, Lot 38 (the “Property”) 470 Eagle Rock Avenue, West Orange, New Jersey 07052 Dear Diana, This office represents the Applicant in connection with an application for preliminary and final major site plan approval, along with use and bulk variance relief for the proposed construction of two (2) restaurant facilities with ancillary drive-thru components (the “Application”) at the above-referenced Property. In consideration of the Application, please find enclosed the following materials for your review: 1. Twenty (20) Application packages, which includes the checklists and all items requested therein; 2. Twenty (20) copies of a Variance and Waiver list, prepared by Dynamic Engineering, dated November 11, 2022; 3. Twenty (20) copies of a Tree Removal Report, prepared by Dynamic Engineering, dated October 2022; 4. Twenty (20) copies of a Stormwater Management Operation & Maintenance Manual, prepared by Dynamic Engineering, dated October 2022; 5. Twenty (20) copies of a Drainage Statement, prepared by Dynamic Engineering, dated October 2022; Mount Laurel, MJ | Hoboken, Ni ington, PA | New York, NY

Diana Chandler-Zimmerman December 23, 2022 Page 2 of 2 6. Twenty (20) copies of a Traffic Impact Study, prepared by Dynamic Traffic, dated October 21, 2022; 7. Twenty (20) copies of a Professional Planning Report, prepared by the Nishuane Group, dated December 22, 2022; 8. Twenty (20) copies of a Legal Description of the Property, prepared by Dynamic Survey, dated December 10, 2021; 9. Twenty (20) copies of a 200 ft. Radius Map, prepared by Dynamic Engineering, dated November 9, 2022; 10. Twenty (20) copies of a Boundary and Topographic Survey, prepared by Dynamic Survey, dated May 13, 2021; 11. Twenty (20) copies of the Preliminary and Final Site Plans, prepared by Dynamic Engineering, dated November 9, 2022; 12. Twenty (20) copies of the Architectural Plans, prepared by G 141 Architecture, LLC, dated November 10, 2021; 13. One (1) check made payable to the “Township of West Orange” in the amount of $1,210.11 representing the Application fee; 14. One (1) check made payable to the “Township of West Orange” in the amount of $2,500.00 representing the initial escrow fee; 15. One (1) check made payable to the “Township of West Orange” in the amount of $4,400.00 representing the digitizing fee; and 16. One (1) check made payable to the “Township of West Orange” in the amount of $300.00 representing the tree removal fee. Upon your review of the enclosed documents, please advise if the Application may be deemed “complete” and scheduled to be heard by the Zoning Board of Adjustment. Thank you for your attention to this matter and please feel free to contact me with any questions. Very truly yours, /s/ Benjamin T.F. Wine Benjamin T.F. Wine, Esq. Enclosures

TOWNSHIP OF WEST ORANGE APPLICATION PACKAGE PLANNING BOARD OR ZONING BOARD OF ADJUSTMENT 1. Zoning/Planning Board Application 2. Checklists: « “C” and “D” Applications Interpretations and Appeals * Major/Minor Site Plan or Subdivision (52 Items) e Sustainability Checklist 3. Fee Schedules 4, W-9 Form 5. Zoning Board of Adjustment Meeting Schedule 6. Planning Board & Site Plan Review Advisory Board Meeting Schedule 7. Tree Removal Application Procedure 8. Tree Removal Application BEFORE preparing or submitting an Application, it is strongly suggested that you contact the Planning Board Secretary or Zoning Board Secretary. We will be happy to assist you or answer any questions pertaining to the filing of an application to the Planning Board (325-4111) or Zoning Board of Adjustment (325-4108). PLEASE NOTE: ! The application must be typed or neatly printed. ! Twenty (20) copies total - no exceptions. (Nineteen (19) copies shall be submitted with one (1) original.) ! Each application, including the original must have attached any enclosures as required. ! Refer to the Zoning Ordinance for all application requirements. ! Application fees and escrow must be submitted at the time of filing. (if an escrow fee is required, a completed W-9 form must accompany the fees). ! All experts must be licensed to practice in the State of New Jersey. ! Any additional documents submitted after the original filing of the Applicition must include twenty copies total (nineteen (29) copies with one origina ) to the Zoning Board or Planning Board and must submitted at least [0 days before the Applicant's public meeting date. After the Board hears the Application and renders a decision, a Resolution will be read and voted on at the next scheduled regular meeting. Upon receipt of the signed Resolution, the Applicant must submit eight (8) full size sets of final site plans, signed and sealed, to the Board Secretary for signatures. Once the Applicant receives a copy of the signed site plan, the Applicant may then apply for building permits.

PLANNING BOARD OR ZONING BOARD (¢ USTMENT A. APPLICANT INFORMATION Full Legal Name: MPB Realty LLC (Last) (First) Mailing Address: 301 Route 17 North, Rutherford, New Jersey 07070 (Street) (City) (State) (Zip) Telephone Number: (201 ) 883-1010 Email: jason@primetaw.com Is the Applicant an: C1 Individual, BJ Corporation, 1 Partnership, 0 Other If the Applicant is a corporation or partnership, a list of the names and addresses of persons having a 10% interest or more in the corporation or partnership must be attached. Relationship of the applicant to the property: [1 Owner, 0) Tenant or Lessee, M Purchaser under contract (with consent of owner, CL] Other (please specify) If the applicant is not the owner of the property in question, the applicant must submit an affidavit with the owner(s) authorization to proceed with this process. B. PROPERTY OWNER INFORMATION C1 Check here if same as applicant. If the owner is not the applicant, please complete the following: Owner’s Name: 2G Real Estate LLC Address: 235 Main Street, #296, Madison, New Jersey 07940 Telephone Number: (201 ) 883-1010 Email; Jason@primelaw.com C. PROPERTY INFORMATION Street Address; 470 Eagle Rock Avenue Block Number(s): 153 ; Lot Number(s): 38 ; Tax Plate: 84 ; Zone of Property: B-2 The location of the property is approximately 9 feet from the intersection of Eagle Rock Avenue and Rosney Terrace (closest intersection.) Has there been any previous Zoning Board of Adjustment or Planning Board hearings involving this property? O Yes, Date(s): ;No If yes, please attach copies of the written decisions adopted by the Board to each application. Prior application withdrawn - see OPRA response Please attach a list of all contiguous or adjacent property owned by the applicant or owner. Ml None Is this property listed in “The Historic Sites Survey” prepared by Robert Guter 7/9/1992 C1 Yes Hl No T:APLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.doc us

D. TYPE OF APPLICATION Indicate the type of application being submitted, check all boxes that apply. Note that more than one variance may be necessary, please indicate the number of each type needed: 1) O Interpretation of ordinance or map. 2) O Appeal of action of Zoning Officer. 3) BM Variance “C1” Reason: Ml shape of property; = physical features; Ml exceptional situation. 4) Wi Variance “C2”. 5) HM Variance “D”. 6) O Subdivision without variances: 0 major; O minor; O preliminary; 0 final; Oipreliminary and final. 7) O Subdivision with variances: 0 major; O minor; 0 preliminary; 0 final; preliminary and final. 8) M& Site Plan: O preliminary; O final; preliminary and final; ™ with variances; ) without variances. 9) O Amended Site Plan. 10) @ Conditional Use. 11) O Conceptual. 12) OD Home Professional Office. 13) C1 Home Occupation. 14) O Soil Removal Permit. Please list the specific Sections of the Ordinance for which a variance is sought. If additional space is required, please attach a list. Section: Se Pienning Report: Proposed: ; Description: Section: ; Proposed: ; Description: Section: ; Proposed: ; Description: Section: ; Proposed: ; Description: E. DESCRIPTION OF PROPERTY Existing Use of the Property Restaurant Briefly describe the major elements of your proposal: (a more detailed description is required in Section G.) Proposed two (2) restaurant buildings with accessory drive-thru components The property is (square feet); (acres) Impervious Surface Coverage: Present: 88.3% (36,177 sq.ft.) ; Proposed: 71.2% (32,541 sq.ft.) Building Coverage: Present: 15.1% (6,187 sq.ft.) ; Proposed: 11.7% (5,337 sq.ft.) Is the property located: Within 200 feet of another municipality? O Yes BNo Adjacent to an existing or proposed county road? Yes ONo Adjacent to other county land? O Yes KI No Adjacent to a state highway? O Yes No T:\PLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.doc ws

F. EXPERTS The following information is respectfully requested to enable the Board to facilitate the processing of this application: APPLICANT’S ATTORNEY: Jason R. Tuvel, Esq. - Prime & Tuvel Telephone Number: (201) 883-1010 Email:iason@primelaw.com Address: 1 University Plaza Drive, Suite 500, Hackensack, New Jersey 07601 APPLICANT’S ENGINEER: Matthew Bersch, PE - Dynamic Engineering Telephone Number; (201) 883-1010 Email: Mbersch@dynamicec.com Address: 1904 Main Street, Lake Como, New Jersey 07719 APPLICANT’S ARCHITECT: Robert A. Grimaldi - G141 Architecture, LLC Telephone Number: (201) 883-1010 Email: 9141 0ffice@gmail.com Address: 99 North 11th Street, Kenilworth, NJ 07033 APPLICANT’S PLANNER: George Wheatle Williams - Nishuane Group Telephone Number: (201 ) 883-1010 Email: 9Williams@nishuane.com Address: 105 Grove Street, Montclair, New Jersey 07042 OTHER EXPERT(S): Telephone Number: (201 ) 883-1010 Email: Address: If necessary, please list any additional experts below, including address, telephone number and email address. T:PLANNING.BRD\Document Library\PB-ZBA Application 3-15-18,doc aS

G. REQUIREMENTS FOR VARIANCES x 4A) Please attach a written statement labeled “PROPOSAL”, describe the major elements of your proposal, and describe in detail the physical and use changes proposed. X(see 4B) _ Please attach a written statement labeled “REASONS FOR RELIEF”, which fully answers 4C-1, 4C-2 enclosed or 4D (Special Reasons) AND part 4E (Negative Criteria). Planning Report) . . . 4C-1) (For C1 variances only) The strict application of the provisions of the Zoning Ordinance would result in x the peculiar and exceptional practical difficulties or exceptional undue hardship under N.J.S.A. 40:55D- 70c(1). List in detail wherein this case conforms to this requirement, including, if applicable, reference to the exceptional narrowness, shallowness, or shape of the property, or the exceptional topographical conditions affecting the property which applicant contends warrants the granting of the variance. 4C-2) (For C2 variances only) State how the purposes of the Municipal Land Use Law would be advanced by x a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment according to N.J.S.A 40:55D-70c(2). Please list all benefits of the deviation to the Township and any adverse effects. State how the benefits of the deviation would substantially outweigh any detriment to the Township. x 4D) (For D variances only) State the special reasons under N.J.S.A 40:55D-70d affecting this property. x 4E) The granting of this variance will not be substantially detrimental to the public good and will not substantially impair the intent of the zone plan and zoning ordinance. List in detail the reasons, among others, why the variance can be granted without being materially detrimental to the welfare of the community or injurious to the property or improvements of others in the neighborhood and zone. H. PLAT SUBMISSION 4) Please list all maps and other exhibits accompanying this application. Attach an additional sheet if necessary. ITEM. SIGNED BY DATE/REVISION See cover letter enclosing Application submission I. NOTICE Applicant is responsible to publish and serve notice of this application in accordance with Zoning Board of Adjustment/Planning Board requirements; however, notice may not be served until this application is certified as complete and the administrative officer has assigned the

ccordance with Zoning Board of Adjustment/Planning Board requirements; however, notice may not be served until this application is certified as complete and the administrative officer has assigned the applicant a public hearing date. TAPLANNING.BRDWocument Library\PB-ZBA Application 3-15-18doc as

J. VERIFICATION AND AUTHORIZATION SIGNATURE IS REQUIRED FOR ALL OF THE FOLLOWING: APPLICANT’S VERIFICATION I hereby certify that the above statements made by me and the information contained in the papers submitted in connection with this application are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. Ae tf rtyzenz Date: Applicant’s Signature: CONTINUANCE Should the Planning Board/Zoning Board of Adjustment have a full and heavy agenda, or discussion and meeting regarding this application requiring carrying the matter past the statue time limit, the applicant grants permission for such an extension. pF LE ligjec Applicant’s Signature: Date: ui y [2022 OWNER’S AUTHORIZATION — MUST BE SIGNED Thereby certify that ioxideax ZG Real Estate LLC has an address of 235 Main Street, Suite 296, Madison in the County of Morris and the State of _New Jersey # and that | am the owner of all that certain lot, piece or parcel of land known as Block(s) 4153. - Lot(s) _38 on the Tax Map of. West Orange __which property is the subject of the above application, and that said application is hereby authorized by me. Furthermore, I authorize inspection of the site which is the subject of this application. ZG Real Estate LLC y hug T Owner’s Signature: By: Date: 9/20/2022 Yanmei Gao, Member THIS APPLICATION DOES NOT RELIEVE THE APPLICANT FROM COMPLYING WITH OTHER TOWNSHIP ORDINANCES SUCH AS THE TREE REMOVAL ORDINANCE AND OBTAINING THE NECESSARY APPROVALS AND PERMITS UNDER SUCH ORDINANCES. TAPLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.doc SS

CHECK LIST OF REQUIRED ITEMS "C" AND "D" APPLICATIONS INTERPRETATIONS AND APPEALS APPLICATIONS FOR MAJOR/MINOR SITE PLAN OR SUBDIVISION MUST REFER TO THE SITE PLAN/SUBDIVISION CHECKLIST -52 ITEMS, _20 Total (original and 19 copies). All checked items are required: please complete and submit to Board Secretary: x Y Completed Application Form, 20 Total (original and 19 copies), including: Xv — the written proposal; X Vv list of variances being requested; X property information; X applicant and owner information; X ¥ — statement or legal brief which clarifies why the variance should be granted and the specific reasons or hardship that pertain to the proposal, or x inthe case of an appeal or interpretation, a statement or legal brief that clarifies the position of the applicant. x Y — Survey — original signed and sealed by New Jersey licensed Land Surveyor, 20 Total (original and 19 copies). x Y — Site Plan, all dimensions, including setbacks, must be shown and prepared by New Jersey licensed Professional except for an owner occupied, single family home, in which case the property owner may prepare the site plan, 20 Total (original and 19 copies). x Y Floor plans, all dimensions must be shown-prepared by New Jersey licensed Architect except for an owner occupied, single family home, in which case the property owner may prepare the floor plan, 20 Total (original and 19 copies). List of property owners within 200” certified by the Municipal Tax Assessor (original). Proof that taxes have been paid, certified by the Municipal Tax Collector (original). A200” radius map, 20 Total (original and 19 copies). Application fee (non-refundable) also a Digitizing Fee. xx Kw KX QS NNN Elevations of three sides, in the case of an existing structure with no proposed structural changes, photographs may be used, 20 Total (original and 19 copies). Y Height dimensions to be included on all elevations, 20 Total (original and 19 copies). NIA Y Allplans and documents for West Orange COAH requirements. Y For all Major Subdivision applications, major site plan applications and all applications applying for a “D” variance, a Planner’s report prepared by a New Jersey licensed Planner must be submitted, 20 Total (original and 19 copies). x Y Forall Major Subdivision applications, and major site plan applications, a Traffic Study prepared by a New Jersey licensed Engineer must