470 Eagle Executed Revised ZBA Package

TOWNSHIP OF WEST ORANG APPLICATION PACKAGE PLANNING BOARD OR ZONING BOARD OF ADJUSTMENT 1, Zoning/Planning Board Application Checklists: e “C” and “D” Applications Interpretations and Appeals ¢ — Major/Minor Site Plan or Subdivision (52 Items) ¢ 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 filin: include twenty copies total (nineteen (19) copies with one ( Board or Planning Board and must be submitted at Applicant's public meeting date. @ of the Application must i) original to the Zoning least [0 days before the 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.

TOWNSHIP OF WEST ORANGE APPLICATION FORM FOR THE PLANNING BOARD OR ZONING BOARD OF ADJUSTMENT 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: (408) 53\_ 8021 Email: e4.baksh@pnrestaurants.com Is the Applicant an: 0 Individual, @ Corporation, 0 Partnership, 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: Mi Owner, 1) Tenant or Lessee, MM! Purchaser under contract (with consent of owner, 1] 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 O Check here if same as applicant. If the owner is not the applicant, please complete the following: Owner’s Name: Orange Dev LLC (Applicant is Owner) Address; Same as Applicant Telephone Number: G08) 53\- BO2\ Email; ¢d.-baksh@pnrestaurants.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 © 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? @ Yes, Date(s): See attached OPRA records -O No If yes, please attach copies of the written decisions adopted by the Board to each application. 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 1] Yes Ml No TAPLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.doe 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) MM Variance “C1” Reason: MM shape of property; = physical features; Ml exceptional situation. 4) Ml Variance “C2”, 5) Variance “D”. 6) O Subdivision without variances: 0 major; 0 minor; O preliminary; O final; Cpreliminary and final. 7) O Subdivision with variances: O major; O minor; Oi preliminary; O final; Opreliminary and final. 8) MM Site Plan: O preliminary; O final; preliminary and final; @ with variances; C without variances. 9) O Amended Site Plan. 10) Mi Conditional Use. 11) O Conceptual. 12) DO Home Professional Office. 13) (1) 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: S2'lst of variances - 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) fast food restaurants within the existing building. The property is 45,713 (square feet); 1.05 (acres) Impervious Surface Coverage: Present: 80-9% (36,974 sq.ft.) : Proposed: 76.3% (34,897 sq.ft.) Building Coverage: Present: 12.9% (5,888 sq.ft.) ; Proposed: 13.5% (6,188 sq.ft.) Is the property located: Within 200 feet of another municipality? O Yes B No Adjacent to an existing or proposed county road? @ Yes O1No 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: Yason R. Tuvel, Esq. - Prime & Tuvel Telephone Number: (201 ). 883-1010 Email:-J480n@primelaw.com Address: 1 University Plaza Drive, Suite 500, Hackensack, New Jersey 07601 APPLICANT’S ENGINEER: Matthew Bersch, PE - Dynamic Engineering Telephone Number: (732) 474- p\9@ Email; Mbersch@dynamicec.com Address; 1904 Main Street, Lake Como, New Jersey 07719 APPLICANT’S ARCHITECT: Robert A. Grimaldi - G141 Architecture, LLC Telephone Number: (408)_B477— TU Email: 91410ffice@gmail.com Address: 39 North 11th Street, Kenilworth, NJ 07033 APPLICANT’S PLANNER: Mallory Clark- Dresdner Robin Telephone Number: (20\) Dwle- 5578 Email; MClark@dresdnerrobin.com Address: 1 Evertrust Plaza, Suite 901, Jersey City, NJ 07302 OTHER EXPERT(S): Lewis S. Goodfriend & Associates Telephone Number: (90@)_455 - 772 Email; Mdick@Isga.com Address: 415 Route 24, 2end Fl, Chester, NJ 07930 If necessary, please list any additional experts below, including address, telephone number and email address. TAPLANNING.BRD\Dacument Library\PB-ZBA Application 3-15-18.doc 3s

G. REQUIREMENTS FOR VARIANCES 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. 4B) Please attach a written statement labeled “REASONS FOR RELIEF”, which fully answers 4C-1, 4C-2 or 4D (Special Reasons) AND part 4E (Negative Criteria). 4C-1) (For Cl variances only) The strict application of the provisions of the Zoning Ordinance would result in 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 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. 4D) — (For D variances only) State the special reasons under N.J.S.A 40:55D-70d affecting this property. 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 4F) 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 applicant a public hearing

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.BRD\Document Library\PB-ZBA Application 3-15-18,doe WS

J. VERIFICATION AND AUTHORIZATION | SIGNATURE IS REQUIRED FOR ALL OF THE FOLLOWING: APPLICANT’S VERIFICATION I hereby certify that the above stateme: submitted in connection with this application arg willfully false, | am subject to punishment. Applicant’s Signature: its (made by me and the information contained in the papers true. I am aware that if any of the foregoing statements are Date: CONTINUANCE Should the Planning Board/Zoning Board and meeting regarding this application requiring ¢ grants permission for such an extension. Applicant’s Signature: BCI apiley4 | “o} of Adjustment have a full and heavy agenda, or discussion jarrying the matter past the statue time limit, the applicant Date: OWNER’S AUTHORIZATION — MUST BE SIG} Thereby certify that I reside at 244 21 Jey Wachine}on P) in the County of id the State of MN i and that I am the Lot(s) application, and that said application is hereby on the Tax Map of | which is the subject of this application. Owner’s Signature: - owner of all that certain lot, piec! aul ot parcel of land known as Block(s) which property is the subject of the above jorized by me. Furthermore, I authorize inspection of the site Date: THIS APPLICATION DOES NOT RELIEVE TOWNSHIP ORDINANCES SUCH AS THE 2fifzy THE APPLICANT FROM COMPLYING WITH OTHER TREE REMOVAL ORDINANCE AND OBTAINING THE NECESSARY APPROVALS AND PERMITS UNDER ay UCH ORDINANCES. TAPLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.doe

N/A 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: v SN ON NSN Completed Application Form, 20 Total (original and 19 copies), including: X the written proposal; list of variances bi XY — property information; X applicant and owner information; Y statement or legal brief which clarifies why the variance should be granted and the specific reasons or hardship that pertain to the proposal, or N/A Y _ in the case of an appeal or interpretation, a statement or legal brief that clarifies the position of the applicant. S requested; Survey — original signed and sealed by New Jersey licensed Land Surveyor, 20 Total (original and 19 copies). 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). 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). A 200° radius map, 20 Total (original and 19 copies). Application fee (non-refundable) also a Digitizing Fee. 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). Height dimensions to be included on all elevations, 20 Total (original and 19 copies). All plans and documents for West Orange COAH requirements. 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). For all Major Subdivision applications, and major site plan applications, a Traffic Study prepared by a New Jersey licensed Engineer must be submitted, 20

bmitted, 20 Total (original and 19 copies). For all Major Subdivision applications, and major site plan applications, a Traffic Study prepared by a New Jersey licensed Engineer must be submitted, 20 Total (original and 19 copies). All Site Plan applications must submit a tree removal application and a tree replacement plan and provide a report according to Chapter 31 of the West Orange general ordinances, 20 Total (original and 19 copies). Your application will not be deemed complete unless all these items are included. It is absolutely necessary that all dimensions and elevations be shown on the site plan and floor plan. Please note: other materials may be requested by the Planning Director or Board Members. TAPLANNING.BRD' Document Library\2015 Applications\Checklist C&D Apps Single Page Updated 4-13-15.doe Revised 8/29/05

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