2023 07 10 Twp Resubmission Letter

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 July 10, 2023 Via Hand Delivery & Newforma Township of West Orange Zoning Board of Adjustment 66 Main Street West Orange, NJ 07052 Attn: Diana Chandler-Zimmermann Zoning Board Secretary RE: MPB Realty, LLC Proposed Popeyes & Sonic Restaurant 470 Eagle Rock Avenue (CR 611) Block 153, Lot 38 Township of West Orange Essex County, New Jersey DEC# 1021-99-025 ZB-22-13 Dear Ms. Chandler-Zimmermann, On behalf of the applicant, MPB Realty, LLC, this letter shall serve as the formal resubmission to the Township of West Orange Zoning Board of Adjustment towards issuance of Site Plan Approval for the above referenced project. Enclosed please find the following items: • Six (6) signed copies of the Affidavit of Ownership, dated 7/7/2023; • Six (6) copies of the Variance and Waiver List, prepared by our office, dated 7/7/2023; • Six (6) copies of the Required Regulatory Approvals List, prepared by our office; • Six (6) signed and sealed copies of the Architectural Plans, prepared by G141 Architecture, LLC; • Six (6) copies of the Architectural Renderings, prepared by G141 Architecture, LLC; • Six (6) copies of the Professional Planning Report, prepared by Nishuane Group, dated 12/21/2022, last revised 7/7/2023; • Six (6) copies of the Township of West Orange Ordinance #2185-08, adopted 11/25/2008; • Six (6) signed copies of the Acoustical Evaluation of Proposed Outdoor Equipment, prepared by Michael J. Dick, INCE Bd. Cert. of Lewis S. Goodfriend & Associates, dated 6/28/2023;

Township of West Orange July 7, 2023 Page 2 of 12 • Six (6) signed and sealed copies of the Solid Waste Management Plan, prepared by our office, dated June 30, 2023; • Six (6) signed and sealed copies of the Environmental Impact Statement, prepared by our office, dated June 2023; • Six (6) signed and sealed copies of the Drainage Statement, prepared by our office, dated October 2022, last revised June 2023; • Six (6) signed and sealed copies of the Stormwater Management Operation & Maintenance Manual, prepared by our office, dated October 2022, last revised June 2023; • Six (6) signed and sealed copies of the Traffic Impact Study, prepared by Dynamic Traffic LLC, dated 10/21/2022, last revised 7/6/2023; • Six (6) signed and sealed copies of the Tree Removal Report, prepared by our office, dated October 2022, last revised June 2023; • Six (6) signed and sealed copies of the Preliminary and Final Site Plan Drawings, prepared by our office, dated 11/9/2022, last revised 7/5/2023; and • Six (6) copies of a Summary of Fast-Food Developments, prepared by our office, dated 7/5/2023. The enclosed documents have been provided to address the review comments provided in the following: • Board Engineer’s Review #1, prepared by John J. Hess, PE, PP, CME of CME Associates, dated May 2, 2023 • Board Planner’s Review Letter, prepared by Paul Grygiel, AICP, PP, Township Planner, dated April 17, 2023 In order to facilitate your review, below please find an itemized response to the aforementioned review letter: Board Engineer’s Review #1, prepared by John J. Hess, PE, PP, CME of CME Associates dated May 2, 2023 Design Comments: 1. Based on our review, we find that the following items from the Township's Site Plan/Subdivision Checklist must be addressed: a. Item #14 -Affidavit of ownership. Enclosed please find the revised Affidavit of Ownership.

Township of West Orange July 7, 2023 Page 3 of 12 b. Item #20 - Copy and/or delineation of any existing or proposed deed restrictions or covenants. There are no known existing or proposed deed restrictions or covenants. c. Item #21 - Any existing or proposed easement or land reserved for or dedicated to public use. Any known easements and/or dedications are depicted on the enclosed Site Plan drawings and previously submitted survey. Should additional easements and/or dedications be required, they will be depicted on a future revision of the Site Plan drawings. d. Item #23 - List of required regulatory approvals or permits. Enclosed please find the Required Regulatory Approvals List. e. Item #46- Solid waste management plan. Enclosed please find the Solid Waste Management Plan. f. Item #52 - Plans and legal documents for compliance with West Orange COAH Ordinances. Not applicable. 2. The Applicant has requested the following waivers: a. From the requirement to submit an Environmental Impact Statement.as required by §25-13.2 of the Ordinance. Enclosed please find the Environmental Impact Statement. b. To permit parking in the front yard whereas §25-8.1.a of the Ordinance stipulates that no accessory uses shall be located within any minimum required front yard or side yard. Information. c. To permit curb to be installed directly adjacent to the proposed buildings at the drive- thru windows whereas §25-12.1.B of the Ordinance stipulates that curbing shall not be less than 5 feet from any structure. Information. d. To permit parking in the front yard whereas §25-12.1.L of the Ordinance stipulates that off-street parking may be placed in the side or rear yard only in the O-B and B districts. Information. e. To permit the maintained illumination in the parking areas to be 0.5 footcandles whereas §25-14.3 of the Ordinance requires a minimum level of illumination of 2.0 footcandles. Information.

Township of West Orange July 7, 2023 Page 4 of 12 3. The Applicant should address the Board regarding the proposed hours of operation for each restaurant. The proposed Popeyes will be open from 10:30 AM to 11:00 PM Sunday to Thursday and 10:30 AM to 11:30 PM Friday and Saturday. The proposed Sonic will be open 8:00 AM to 12:00 AM every day. 4. The Applicant should address the Board regarding the proposed frequency and hours for deliveries to each restaurant. Testimony will be provided regarding deliveries. 5. The Zoning Requirements table on sheet 5 of the site plan drawings shows that the existing site area is 40,971 sf and the proposed site area is 45,713 sf. In addition, it shows that the remainder of the Fundus Road right-of-way (25') is to be consolidated with lot 38. The Applicant must demonstrate to the Board that they have the right to claim ownership of this portion of the vacated right-of-way. Enclosed please find the Township of West Orange Ordinance #2185-08 declaring the vacation of the Fundus Road right-of-way, with half of the width being dedicated to the adjacent property. The second half was consequently dedicated to Lot 38. 6. It shows on sheet 5 that 3 electric vehicle parking spaces are proposed. We note that all 3 of the electric vehicle charging spaces are proposed along the westerly side of the site by the Popeye's restaurant. It is our recommendation that at lease 1 of the electric vehicle parking spaces be provided by the Sonic restaurant. The Site Plan (Sheet 5 of 20) has been revised to reduce the proposed electric vehicle parking spaces to one (1) space as required by the Township of West Orange Land Use Regulations. 7. As required by §25-12.6 of the Ordinance, at least 1 of the electric vehicle charging stations shall be accessible for people with disabilities. The Grading Plan (Sheet 6 of 20) has been revised to demonstrate the proposed electric vehicle charging station will be accessible. 8. The Applicant should address the Board regarding how the proposed restaurants at the site will operate. It is our understanding that car hop service will be provided for the Sonic restaurant in the 9 parking spaces along the easterly side of the site. Testimony will be provided regarding site operations. 9. It shows on sheet 5 that an island is proposed between the entrance and exit lanes at the westerly driveway. The Applicant should

of the site. Testimony will be provided regarding site operations. 9. It shows on sheet 5 that an island is proposed between the entrance and exit lanes at the westerly driveway. The Applicant should address the Board regarding the feasibility of redesigning the island in order to minimize the likelihood that vehicles will attempt to make an illegal left turn when exiting the site. The Site Plan (Sheet 5 of 20) has been revised to increase the size of the proposed island to further restrict left turn movements.

Township of West Orange July 7, 2023 Page 5 of 12 10. The plans should be revised to include a detail of the island in the westerly driveway. In addition, the detail must clarify if the island will have vertical curb or mountable curb. In addition, the proposed surface finish of the island must be noted on the detail. The Construction Details (Sheet 15 of 20) has been revised to provide a detail of the proposed mountable concrete island. 11. It shows on sheet 5 that an outdoor seating area is proposed in front of the Sonic restaurant. However, sheet the area directly north of the Sonic building is called out as a "Proposed Outdoor Seating Area". However, the architectural plans identify this area as a covered patio. This discrepancy must be resolved. The Site Plan (Sheet 5 of 20) has been revised to note the Proposed Uncovered Exterior Dining Area. The Architectural Plans have been revised to note as such. 12. It shows on sheet 5 that a 10'x20 trash enclosure is proposed for the Sonic restaurant and a 10'x18' trash enclosure is proposed for the Popeye's restaurant. The Applicant should provide testimony to the Board to demonstrate that the proposed trash enclosures will have adequate capacity to accommodate the trash and recyclables that will be generated from each restaurant. Testimony will be provided regarding the proposed trash enclosures. 13. It shows on sheet 5 that the proposed trash enclosures will be located close to the rear property line. We note that the property in question abuts an existing residential neighborhood. The Applicant should address the Board regarding the anticipated frequency and hours of pickup. Our office is concerned with the potential noise and odor impacts on the adjoining residential properties. Testimony will be provided regarding the proposed trash enclosures. 14. Based on the grades shown on sheet 6, the cross slope of the sidewalk at the westerly driveway apron appears to be about 6% which is not ADA compliant. Therefore, the proposed grading must be revised accordingly. The Grading Plan (Sheet 6 of 20) has been revised to provide additional grade spots to confirm compliant cross slopes. 15. The architectural plans show that bollards at several locations along the side of the Popeye's building. Therefore, the bollards must be shown on sheet 5 of the site plan drawings. The Site Plan (Sheet 5 of 20) has been revised to

hat bollards at several locations along the side of the Popeye's building. Therefore, the bollards must be shown on sheet 5 of the site plan drawings. The Site Plan (Sheet 5 of 20) has been revised to provide the proposed bollard locations in accordance with the Architectural Plans. 16. The plans should be revised to include the following details: a. Electric vehicle charging equipment. b. Electric vehicle signage and parking space markings. c. Bollards. The Construction Details (Sheet 15 of 20) has been revised to provide the above requested details.

Township of West Orange July 7, 2023 Page 6 of 12 Stormwater Management Comments: 1. The proposed development will result in the disturbance of more than 1 acre. As a result, it is classified as a Major Development and is subject to the stormwater management requirements set forth in §25-29.4 of the Ordinance. Information. 2. As stipulated in §25-29.3.a.2 of the Ordinance, the minimum standards for groundwater recharge, stormwater quality and stormwater runoff quantity shall be met by incorporating green infrastructure. Therefore, the Applicant must demonstrate compliance with this requirement. The enclosed Drainage Statement has been revised to demonstrate compliance with the referenced Township Ordinance and NJAC 7:8. 3. The time of concentration path from Point A to Point B shown on the Proposed Drainage Area Map in the Drainage Statement does not follow the proposed contours shown on the Grading Plan (sheet 6). This discrepancy must be resolved. The Proposed Drainage Area Map has been revised to have the time of concentration path follow the proposed contours. 4. The Stormwater Collection System Calculations table in the Drainage Statement must be revised to show each of the proposed 6" pipes. At present, only the 6" pipe from the Sonic Roof is shown. The Stormwater Collection System Calculations in the enclosed Drainage Statement have been revised accordingly. 5. Our office has reviewed the Stormwater Management Operation and Maintenance Manual and finds that Section II must be revised to include the telephone number of the property/system owner. The Stormwater Management Operation and Maintenance Manual has been revised to provide the telephone number of the property/system owner. 6. The Stormwater Management Operation and Maintenance Manual and any future revisions must be recorded upon the deed of record for the property. Prior to recording, the form of the deed must be approved by the Board Attorney and our office. Acknowledged. 7. It shows on sheet 4 that a Type 'A' inlet currently exists behind the existing building. The Applicant should clarify how this inlet is piped offsite. The location of the discharge from this inlet could affect the Existing Drainage Area Map in the Drainage Statement. Our office conducted an additional site visit to the property and were unable to locate the discharge from the existing inlet due to it being filled with

g Drainage Area Map in the Drainage Statement. Our office conducted an additional site visit to the property and were unable to locate the discharge from the existing inlet due to it being filled with debris. The Demolition and Tree Removal Plan (Sheet 4 of 20) has been revised to note the “Contractor to confirm discharge point of inlet and report back to engineer of record”.

Township of West Orange July 7, 2023 Page 7 of 12 8. It shows on sheet 7 that 6" drainage pipes are proposed on each side of the outdoor seating area in front of the Sonic restaurant. The plans should be revised to show how the runoff from the outdoor seating area will be directed to the 6" pipes. The Drainage Plan (Sheet 7 of 20) has been revised to remove the proposed drainage pipes from the Sonic outdoor seating area. The outdoor seating area will not be covered. 9. It shows on sheet 7 that the 6" drainage pipe on the easterly side of the outdoor seating area in front of the Sonic restaurant will be in conflict with a light pole foundation. Therefore, the plan must be revised to eliminate the conflict in this area. The Drainage Plan (Sheet 7 of 20) has been revised to eliminate the proposed drainage pipe from the outdoor seating area. 10. It shows on sheet 7 the 6" drainage pipe on the easterly side of the outdoor seating area in front of the Sonic restaurant will have a slope of 1.0%. However, based on the invert elevations shown, the slope will actually be 5.4%. This discrepancy must be resolved. The Drainage Plan (Sheet 7 of 20) has been revised to provide accurate pipe slopes. 11. It shows on sheet 7 that the 6" roof leader from the Sonic restaurant to Stm. MH #A-103 will have a slope of 1.0%. However, based on the invert elevations shown, the slope will actually be 5.5%. This discrepancy must be resolved. The Drainage Plan (Sheet 7 of 20) has been revised to provide accurate pipe slopes. 12. Sheet 7 must be revised to show invert elevations for all storm cleanouts. The Drainage Plan (Sheet 7 of 20) has been revised to provide invert elevations for all storm cleanouts. 13. The contours do not align with Inlet Area A-110 on the Inlet Area Map. The inlet area indicates that the parking lot just north of the Popeye's building will be collected by the inlet where the contours show that this area will flow off of the site via western driveway. This discrepancy must be resolved. The Inlet Area Map has been revised to accurately follow the contours for the inlet delineations. 14. The contours do not align with border of Inlet Areas A-110 and A-111 on the Inlet Area Map. The contours indicate that the parking aisle area between the Popeye's drive-thru egress and the parking spaces north of the Popeye's should be part of Inlet area of 110. This discrepancy