90306 Aff Pkg

IME TUy PR MICELLE <So- ATTORNEYS AT LAW March 10, 2025 VIA UPS Township of West Orange Planning & Development 66 Main Street West Orange, NJ 07052 Attn: Diana Chandler, Board Secretary RE: MPB Realty LLC (“Applicant”) 470 Eagle Rock Avenue (the “Property”) Block 158, Lot 38 Affidavit Package Dear Ms. Chandler, Enclosed please find the original Affidavit of Service, newspaper publication, original green and white certified mail cards and receipts, copy of notice, and a copy of the certified list of property owners, for the public hearing in the above matter, scheduled for March 20, 2025 at 8:00 pm., before the Township of West Orange Zoning Board of Adjustment. Thank you for your kind consideration and assistance with this application. Very truly yours, IRTsel we 2 Tarel Enclosures Jason R. Tuvel, Esq. Attorney for Applicant 1 University Plaza Drive, Suite 500 Hackensack, NI 07601 # 207883 1070 | | 856273 8383, primelawcom Mount Laurel, NJ | Hoboken, NJ | Jersey City, NJ | Fort Washington, PA | New York, NY

PRIME TUVEL & MICELI 1 University Plaza Drive, Suite 500 Hackensack, New Jersey 07601 (201) 883-1010 Attorney for Applicants IN RE: THE TOWNSHIP OF WEST ORANGE MPB Realty LLC ZONING BOARD OF ADJUSTMENT 470 Eagle Rock Avenue AFFIDAVIT OF SERVICE Block 153, Lot 38 on the West Orange Tax AND Map PUBLICATION OF NOTICE STATE OF NEW JERSEY ) ) Ss COUNTY OF BERGEN ) I, SALLY C. LA-ZHENG, of full age, being duly sworn according to law, upon my oath, depose and say: 1. 2. I am an employee with the law firm of Prime & Tuvel The form of public notice (hereinafter referred to as “Notice”) announcing the meeting on March 20, 2025, at 8:00 pm is attached as Exhibit “A.” The list of property owners within two hundred feet of the subject property prepared by the Township of West Orange, as well as other entities to whom the Notice in Exhibit “A” was sent, is attached as Exhibit “B.” The Notice in Exhibit “A” was sent by United States Certified Mail, Return Receipt Requested, to the property owners within two hundred feet of the site and to the other entities listed in Exhibit “B.” Copies of the “white” return receipts post marked March 10, 2025, from the United States Post Office are attached as Exhibit “C.” The Notice in Exhibit “A” was published in the Star Ledger on March 10, 2025. A copy of the publication is attached as Exhibit “D.” The original affidavit of publication will be provided to the Board once received. Sworn to ang) Subscribed before me this /4 day of March 2025 IVETTE ALICEA | Sally C. Ya-Zheng NNO. 2323881 TW) AFFIDAVIT OF SERVICE & PUBLICATION | FILE NUMBER 903.06

Exhibit “A”

NOTICE OF PUBLIC HEARING (VIRTUAL PUBLIC HEARING) Township of West Orange Zoning Board of Adjustment PLEASE TAKE NOTICE that the Township of West Orange Zoning Board of Adjustment (the “Board”) will hold a virtual public hearing on March 20, 2025 at 8:00 PM to review and take formal action upon an application for preliminary and final major site plan approval, conditional use variance, bulk variance and design waiver/exception relief (the “Application”) by MPB Realty LLC (the “Applicant”) with respect to property having a street address of 470 Eagle Rock Avenue, West Orange, New Jersey 07052 and being designated as Block 153, Lot 38, on the Township of West Orange Tax Map (collectively, the “Property”). The Property is located in the B-2 Zone (the “Zone”). The Applicant proposes to renovate and expand the existing approximately 5,888 sq.ft. single- story restaurant building and convert same into an approximately 2,391 sq.ft. Popeyes fast food restaurant with ancillary drive-thru service (“Popeyes”) and an approximately 3,797 sq.ft. IHOP restaurant (“IHOP”) (total building area of approximately 6,188 sq.ft.). The proposed Popeyes (fast food restaurant with ancillary drive-through service) is a conditional use within the Zone, and the proposed IHOP (restaurant) is a permitted use within the Zone. The Applicant seeks conditional use variance relief pursuant to N.J.S.A. 40:55D-70(d)(3) for not complying with the following conditions: (1) Popeyes located within 500 ft. of existing fast food restaurants, where same is not permitted; (2) Popeyes located within 1,000 ft. of residential district boundary line where same is not permitted; (3) Property frontage less than required (200 ft. required along Rosney Terrace; 182.4 ft. existing/proposed along Rosney Terrace); and (4) Driveway distance to intersection less than required (100 ft. required; 13 ft. proposed). The Applicant also seeks use variance approval pursuant to N.J.S.A. 40:55D-70(d)(1) for multiple principal uses on the Property, if deemed necessary. The Applicant also seeks bulk variances pursuant to N.J.S.A. 40:55D-70(c) and design waivers/exceptions, including: (1) Impervious coverage greater than permitted (60% permitted; 80.9% existing; 75.7% proposed); (2) Curbing distance from buildings less than required (5 ft. required; 0 ft. proposed); (3) Parking proposed in front yard where same is not

permitted (60% permitted; 80.9% existing; 75.7% proposed); (2) Curbing distance from buildings less than required (5 ft. required; 0 ft. proposed); (3) Parking proposed in front yard where same is not permitted; (4) Residential buffer width less than required (20 ft. required; 8.8 ft. proposed); (5) Number of facade signs greater than permitted (1 sign permitted; 8 signs proposed); (6) Popeyes fagade sign area greater than permitted (120 sq.ft. permitted; 139 sq.ft. proposed); (7) Planted trees not proposed within parking area where same are required; (8) 50% of existing tree canopy on the Property not proposed to be preserved where same is required; (9) 50% shade in parking lot area not proposed where same is required; (10) Lux/footcandles in parking area less than required (20 Lux/2.0 footcandles required; 0.6 footcandles proposed); (11) Loading space not proposed where same is required; and (12) Number of replacement trees less than required (109 2” caliper or 49 2.5” caliper trees required; 41 trees proposed). The Applicant also seeks any additional deviations, exceptions, design waivers, submission waivers, variances, use variances, conditional use variances, interpretations, continuations of any pre-existing non-conforming conditions, modifications of prior imposed conditions and other

approvals reflected on the filed plans (as same may be further amended or revised from time to time without further notice) and as may be determined to be necessary during the review and processing of the Application. The public hearing will be held by online/virtual means and telephonically only. During the public hearing, any interested party will have an opportunity to listen to and, if participating online, view the hearing in its entirety, be heard (ask questions, provide comments or offer evidence), personally or by attorney, by either (a) participating online by visiting https://us06web.zoom.us/j/8 1009681428 ?pwd=ZjpxweJamMUaurxSKE9K5usd9NrUys.1 and following the instructions provided to join the online/virtual meeting, including entering meeting identification number: 810 0968 1428 and passcode: 482398, if prompted; or (b) participating telephonically by calling 1 (646) 931-3860 and entering meeting identification number: 810 0968 1428 and password: 482398, if prompted. Participating via online/virtual means or telephonically is free of charge to the public. Members of the public interested in participating in the public hearing on the Application can advise the Board Secretary, Diana Chandler, of their interest in participating in advance of the public hearing by reaching out to the Board Secretary at dchandler@westorange.org or (973) 325- 4108. In addition, if any member of the public has a concern regarding utilizing the technology set forth above to participate in the public hearing, the member of the public may contact the Board Secretary by email at dchandler@westorange.org or by phone at (973) 325-4108 during regular business hours. The Application and supporting materials (including maps and plans) will be available for public inspection free of charge to the public by going to agenda at the following webpage: https://www.westorange.org/ArchiveCenter/ViewFile/Item/2967 and clicking on the link to the subject Application at least ten (10) days before the public hearing. Alternatively, members of the public may contact the Board Secretary by email at dchandler@westorange.org or by phone at (973) 325-4108 during regular business hours in order to make an appointment to review or pick up copies of the Application materials, plans, and related documents at the office of the Board Secretary, located at 66 Main Street, West Orange, New Jersey

r to make an appointment to review or pick up copies of the Application materials, plans, and related documents at the office of the Board Secretary, located at 66 Main Street, West Orange, New Jersey 07052. The public hearing may be continued without further notice on such additional or other dates as the Board may determine. Jason R. Tuvel, Esq. Prime Tuvel & Miceli 1 University Plaza Drive, Suite 500 Hackensack, New Jersey 07601 Phone: (201) 883-1010 Email: jason@primelaw.com Attorneys for MPB Realty LLC

Exhibit “B”

10 created on 3/7/2025 Buffer Report THE TOWNSHIP OF WEST ORANGE Office of the Assessor 66 Main Street QA03.0lo ‘West Orange, New Jersey 07052 ‘Telephone: (973) 325-4060 43 NOTICES Facsimile: (973) 669-4859 Highlighted feature(s) Parcel Limits (1) : Owner mer aa pine | Sree | omersine | ora [oe epee West Orange 155 ag 470 EAGLE ORANGE 100MENLO EDISON 4,4, 470 Eagle Rock Avenue, Township ROCK AVENUE DEVLLC PARKDR#500 NJ West Orange, NJ, 07052 List of adjoining feature(s) that intersect 200 foot buffer from Parcel Limits. Adjoining Properties (22) rei ae Parcel Owner Property Cheanlbaees [ta [owite] icy | Omrenine owmesiea | ores, [Oza] hosel | S/ EAGLE ROCK Eagle Rock & West Orange WEST ORANGE Prospect Ave, 15201 1445 & PROSPECT P.0.BOX326 PLAINFIELD,NJ 07061 Township a PLAZA, NT West Orange, NJ, 07052. / 481 BAGLE 481EAGLE WEST $81 Eagle wet On Orange 159.01 1445.01 ROCK Meets oo ue ROCK ORANGE, NEW 07052 Fock Avenue P AVENUE * AVENUE JERSEY Be Nj, 07052 6 Rosney West Orange 35, Y 6ROSNEY ISMAIL, 6ROSNEY WEST rosy Terrace, West Township TERRACE HUSSEIN TERR ORANGE, NJ Orange, NJ, 07052 8 Roney WestOrange 15, 5 “S8ROSNEY —TAKI, ABRAHAM 8ROSNEY WEST rosy Teac, West Township TERRACE iB. TER ORANGE, NJ Orange, NJ, 07052 10 Rosney WestOrange 45, Y 10 ROSNEY ae “LUC 19ROSNEY WEST rosa Tetace, West Township TERRACE TERRACE ORANGE, NJ. Orange, NI, MARGARET pa 15 Fundus West Orange 45, 49 Y15FUNDUS ALTUNKAYA, — 15FUNDUS WEST rosy Road, West Township ROAD EMRAH & FIGEN ROAD ORANGE, NJ. Orange, NJ, 07052 11 Fundus West Orange 45, a4 / 11FUNDUS PRINCE, 11FUNDUS WEST rosy Roads West Township ROAD CHRISTINAM ROAD ORANGE, Nj. Orange, NJ, 07052 v 9 Fundus West Orange 9FUNDUS WRIGHT, BARRY WEST Road, West Township 5335 ROAD N.& HELEN — °FUNDUSRD Opance ny 9752 Oyange, NJ, 07052 1 Developed by Civil Solutions, using myiDV

1S 2l pye ae r Parcel Owner M it 153.14 153,14 153.14 153.14 153.14 153.14 153.15 153.15 153.15 153.15 153.15 153.15 4 28 ~/ 16 FUNDUS ROAD ¥ 14FUNDUS ROAD ORANGE DEV LLC CATALANO, GAETANO DIAZ, BERTHA ABDELAZIZ, HOSSAM & AHMED,JIHAN 16 FUNDUS ROAD CO. LORENZANA, ROSEMARIE & ANGELO. SL 469 EAGLE ROCK AVE LLC NEISHA, ASSIF & GOPIE, MICHELLE SIMEUS, ROLDY &GLENAH MESEHA, KYRILLOS & MOUSA, RANDA. HAYES, PATRICK & DENISE GOOD- 100 MENLO PARK DR #500 9 WOODHULL AVENUE 11 WOODHULL AVE 13 WOODHULL AVENUE 16 FUNDUS ROAD 14 FUNDUS ROAD 788 MORRIS TPKE created on 3/7/2025 EDISON NJ 08837 WEST ORANGE, ny 97052 WEST ORANGE, NJ cd WEST ORANGE, NJ WEST ORANGE, Ny, 07052 WEST ORANGE, NEW 07052 JERSEY SHORT HILLS, 07078 NI WEST ORANGE, Ny 97052 WEST ORANGE, NEW 07052 07052 WEST ORANGE NJ. 07052 07052 WEST ORANGE, NJ Property Mailing 470 Eagle Rock Avenue, West Orange, NJ, 07052 9 Woodhull Avenue, West Orange, NJ, 07052 11 Woodhull Avenue, West Orange, NJ, 07052 13 Woodhull Avenue, West Orange, NJ, 07052 16 Fundus Road, West Orange, NJ, 07052 14 Fundus Road, West Orange, NJ, 07052 464 Eagle Rock Avenue, West Orange, NJ, 07052 478 Eagle Rock Avenue, West Orange, ‘NJ, 07052 482 Eagle Rock Avenue, West Orange, NJ, 07052 4 Blackburne Terrace, West Orange, NJ, 07052 6 Blackburne Terrace, West Orange, NJ, 07052 8 Blackbume Terrace, West Orange, NJ, 07052 Developed by Civil Solutions, using myiDV