24 03 17 MPB Realty Planning Review 2

West Orange Zoning Board March 17, 2025 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #2 Page 9 S:\West Orange\Zoning Board\VWRZ0153.01 - MPB Realty, LLC\24-03-17 MPB Realty - Planning Review 2.docx f. Outside of the conditional use requirements, it appears that the proposed fast food restaurant satisfies all the standards for a drive-thru service, including signage and space for stacking of vehicles. g. The application as proposed will also require several bulk or ‘c’ variances. The applicant must satisfy both the positive and negative criteria for each of these variances as well: i. Positive Criteria: The applicant must show that either there is an undue hardship (practical difficulty) in conforming to the code, or that the proposed conditions represent a preferable alternative to conforming to the standards of the code, and that the benefits of the deviation would outweigh any detrimental impacts. ii. Negative Criteria: The applicant must show that the variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the zone plan. h. The applicant should address the potential impacts specifically of the drive-thru use to the adjacent residences, in terms of both the visual and potential noise impacts of the use. i. We note that the acoustical report provided by the applicant indicates that the proposed uses will comply with state noise regulations, however the technical nature of the report may be difficult to understand. The applicant should discuss the anticipated sound impacts in as plain and practical terms as possible. ii. The acoustical report recommends that the fence between the restaurants and the residential uses be constructed of two layers of ¾” plywood, while the site plans show a board on board fence with alternating 1”x4” vertical wood slats. The applicant should discuss how the difference in proposed fencing may impact sound attenuation. The revised plans now show a solid vinyl fence, and the revised acoustical report reflects this. The report no longer recommends the plywood. The applicant should address the reasoning behind this revision. i. The proposed garbage dumpster will be located in the southeast corner of the property, 9.4 feet from the rear property line and adjacent to an existing residential lot. The applicant should discuss the

he proposed garbage dumpster will be located in the southeast corner of the property, 9.4 feet from the rear property line and adjacent to an existing residential lot. The applicant should discuss the methods for collecting garbage, and the anticipated timing and frequency of collection. The proposed location of the dumpsters has shifted to be 28.9 feet from the property line. j. The applicant should address the proposed landscaping for the site. i. Several existing trees along the property lines are proposed to be retained, however it appears that much of the drip line of these trees and likely the root structure will be within the areas of disturbance. The applicant should address the