2025 09 05 Justifications Memo_470 Eagle Rock AvenueWO_Rev

identified in the Table 1 on page 7 of this report is already developed as a garden apartment complex (aka: Westmill Gardens) which has no existing retail or restaurant uses. The only other remaining eligible parcel as-of-right in the Township is Parcel 4, (aka: the Whole Foods Plaza at 235 Prospect Avenue) which is located directly across Eagle Rock Avenue from the subject property. Given the proximity and identical contextual physical conditions (outside of lot area), the proposed use is appropriate along the Eagle Rock Avenue corridor and appropriateness is not solely defined in terms of welfare, safety, and intent of zone plan by lot area. It should also be noted that this provision renders many existing businesses providing drive-up windows within the Township as non-conforming, including the Provident Bank

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT February 24, 2025 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) Revised September 05, 2025 TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 7 of 11 (Block 153.14 Lots 31, 32, 33) located 1 parcel east of the subject property and the CVS (Tax Block 153.16, Lots 1, 2, 3, 4, 5, 25, 26, 27) located 3 parcels west of the subject property. TABLE 1: TWP. WEST ORANGE DRIVE-UP WINDOW ZONING PARC. No. TAX BLOCK TAX LOT AREA (SF) AREA (AC) ZONE DISTRICT NOTES 1 109 1.01 225,525.03 5.18 PURD 2 150 1 2,314,898.46 53.14 R-1 3 151 7 260,361.72 5.98 R-2 4 152.24 1445 231,604.25 5.32 PC Wholefoods Plaza Across Eagle Rock Ave from Subject Property 5 155.22 42.01 299,453.46 6.87 PURD 6 156 1 1,240,520.16 28.48 R-2 7 157.01 11 1,162,641.08 26.69 R-2 8 160 10 827,069.55 18.99 R-1 9 161 1 841,577.70 19.32 R-1 10 162 2 373,648.95 8.58 R-1 11 163 1 476,133.00 10.93 R-1 12 164 1 263,303.40 6.04 PURD 13 164 1.01 300,893.43 6.91 R-G Developed with Westmill Gardens, no existing retail/ restaurant uses 14 164 25 741,787.54 17.03 R-1 Conservation Overlay 15 167 1 830,357.35 19.06 R-1 Conservation Overlay 16 169 1 375,314.45 8.62 R-1 17 169 6 261,389.22 6.00 R-3 18 169 18 220,618.07 5.06 R-3 19 170 20 53,061.29 1.22 R-3 20 171 1 223,112.77 5.12 R-1 21 171 3 222,541.16 5.11 R-1 22 174 1 1,321,386.13 30.33 R-2 23 177 1 251,792.39 5.78 R-2 24 177.01 25 515,306.37 11.83 R-2 25 177.12 60 230,821.94 5.30 R-4 26 178.05 3 305,304.63 7.01 R-C 27 179 32 840,357.35 19.29 IH-1 = Properties that meet lot area criteria and are located in districts that permit drive-up window-related businesses Maximum Impervious Coverage: The project proposes an impervious surface coverage of 75.7% where a maximum impervious coverage of 60% is permitted in the B-2 District. The existing site conditions have a non- conforming 80.9% impervious coverage which will be reduced through the proposed project but will remain non- compliant. The proposed coverage includes partial removal of the existing impervious surface for shrubs, screening trees and ornamental plantings along the south, east, and north of the subject property, thus

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT February 24, 2025 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) Revised September 05, 2025 TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 8 of 11 substantially improving the existing conditions by providing a green buffer from the adjacent residential uses. The reduction in pervious coverage will improve the conditions along these property lines while also improving the aesthetic character of the site along the Eagle Rock Avenue corridor. Additionally, the proposed project will reinvigorate a vacant, deteriorating site along an active commercial corridor through its redevelopment and therefore the benefits of the proposed impervious coverage will outweigh the detriments. Location of Parking in Front Yard: The project proposes parking in the front yard of the property, where off-street parking is only permitted in the rear or side yards in the B Districts per Section 25-12.1.l. The front yard parking is an existing non-conforming condition as the existing site shows 11 parking spaces fronting Eagle Rock Avenue. The additional parking spaces provided within the front yard are anticipated to be needed as two individual restaurants may yield a slightly higher parking demand on site than a singular restaurant use. The proposed parking at the front will improve the existing condition by reducing the number of non-conforming spaces to a total of 10 spaces, including 2 ADA accessible spaces. New front yard landscaping will be added to help visually buffer this area from the roadway, and a painted crosswalk from this area to the front door of the proposed building will be added to ensure safe pedestrian access from the spaces to the restaurants. Additionally, other commercial properties along the corridor including the property immediately east of the site have existing non- conforming front yard parking, and therefore the variance will not create a substantial detriment to the existing corridor as it is consistent with other commercial properties. Overall, the benefits of the front yard parking location will outweigh the detriments. Maximum Number of Façade Signs: The project proposes four façade signs for the fast-food restaurant and three façade signs for the full-service restaurant, where a maximum of one façade sign is permitted. The property is located on a corner

ect proposes four façade signs for the fast-food restaurant and three façade signs for the full-service restaurant, where a maximum of one façade sign is permitted. The property is located on a corner lot, so the additional signs are intended to be visible from both rights-of-way to improve wayfinding. Additionally, the proposed signs will only be visible to the north (Eagle Rock Avenue), west (Rosney Terrace), and east of the property and will not be visible to the residential properties to the south (rear). The proposed signage packages are consistent with the tenants, who are national brands and provide consistent signage and wayfinding across their locations. Maximum Façade Sign Area: The project proposes a total sign area of 229 square feet for the two restaurant uses, where a maximum of 120 square feet is permitted. The total area is split among several (7) smaller signs as noted above and therefore the impact if the congregate sign area will not be felt at the level of numerical deviation from the standard. No one individual sign is in excess of the maximum sign area restriction and therefore the

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT February 24, 2025 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) Revised September 05, 2025 TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 9 of 11 overall proposed sign package will present as consistent with the associated uses along a typical commercial roadway. Concrete Curbing within 5 Feet of a Structure: §25-12.1.B mandates that no concrete or granite block curb may be within 5 feet of a structure whereas the project proposes a concrete curb directly abutting the building edge on the eastern façade. This curb lines the drive-thru window and aisle and is necessary to protect the structure and moving vehicles from clipping the building or drive-thru window when using the drive-thru lane. The benefits of prioritizing overall site safety and public welfare outweigh the detriments. Minimum Landscaping Abutting a Residential Zone: The ordinance requires a landscape buffer along property lines where a nonresidential district and a residential district abut. §25-11.3a states that said landscape buffer should be no less than 20 feet, whereas the landscape buffer on the south (rear) property line abutting the R-6 zone provides a buffer of 8.8 feet. While the landscape buffer itself does not meet the 20-foot requirement, active site uses along this property line are buffered by an additional bypass drive lane at the rear of the property which will see minimal utilization throughout the day. This results in the nearest active site component, which is the drive-thru lane, being setback 20.8 feet from the property line therefore meeting the intent of the requirement in minimizing impacts of the commercial use on the adjacent residential property. Loading Space: The ordinance requires the proposed project to provide one off-street loading space for the proposed uses. The current site plan does not provide a dedicated, striped loading space on the property but accommodates the off-street loading of the relevant truck model as made evident on sheet 19 of the Civil Site Plans, wherein circulation movements for a large delivery truck are provided. The deliveries associated with the proposed commercial uses will be scheduled in coordination with the hours of operation of the fast-food restaurant and restaurant to mitigate any circulation impacts. The delivery vehicle will not

the proposed commercial uses will be scheduled in coordination with the hours of operation of the fast-food restaurant and restaurant to mitigate any circulation impacts. The delivery vehicle will not prevent the remainder of the site circulation from being functional in any way other than a temporary disruption to the front yard parking spaces. Existing Tree Canopy Preservation: The ordinance requires that 50% of the tree canopy on each developed be preserved with each application that proposes tree removal and replacement. The project will not preserve any of the existing trees as they have been deemed invasive by the Township Zoning Board Engineer. The project proposes replacing the existing invasive trees with 53 new compliant trees. The proposed replacement is a significant improvement from the existing site conditions both aesthetically and performance-wise in terms of integrity of the tree canopy within the immediate proximity of the subject property and therefore the benefits outweigh the detriments.

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT February 24, 2025 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) Revised September 05, 2025 TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 10 of 11 Parking Lot Shade: The ordinance requires that all parking lot owners shall create 50% shade in the parking lots within 25 years. The proposed tree canopy will not create 50% shade in the parking lot. The proposed tree canopy is limited to perimeter landscaping as the majority of the site is occupied by the surface parking. The proposed landscaping plan will improve significantly upon the existing condition within the site and will provide an increased number of compliant trees than what is currently existing. The benefits of the proposed landscaping plan outweigh the detriments. Purpose of the Municipal Land Use Law The granting of the variances will advance the purposes of the Municipal Land Use Law and promote the general welfare. • Granting the requested variances will guide the appropriate use and development of the property in a manner that will promote the general welfare consistent with N.J.S.A. 40:55D-2.a. through the provision of an appropriate commercial building on a lot that is compliant with conditional uses of the B-2 District. • The proposed project will provide adequate light, air, and open space; consistent with N.J.S.A. 40:55D-2.c. • The proposed project will promote a more desirable visual environment through creative development techniques consistent with N.J.S.A. 40:55D-2.i. by redeveloping the property and substantially improving the Eagle Rock Avenue streetscape and commercial character. Negative Criteria Granting the variances will not result in a substantial detriment to the general welfare. The project proposes to demolish an existing condemned building and provides a particularly beneficial use that is similar to its previous commercial use in developing two restaurants for residents and consumers of the community with improve onsite infrastructure, landscaping, circulation and overall aesthetic appearance. Granting the variances will likewise not result in a substantial impairment to the intent and purpose of the zone plan or zoning ordinance. The proposed fast-food restaurant-use is compliant with the conditions of the B-2 District. The proposed project is also consistent with the 2019

tent and purpose of the zone plan or zoning ordinance. The proposed fast-food restaurant-use is compliant with the conditions of the B-2 District. The proposed project is also consistent with the 2019 Master Plan Update in advancing several goals/objectives of the 2019 Master Plan Reexamination, including; • Objective 9. “Promote a Desirable Visual Environment”

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT February 24, 2025 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) Revised September 05, 2025 TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 11 of 11 • Objective 16. “Encourage Economic Development and Redevelopment That Is Compatible with the Suburban Character of the Township • Principle 2. “Properly Locate Public, Commercial/Retail, Industrial, Residential and Service Uses” CONCLUSION The requested variances are justified and meet the positive and negative proof standards and therefore can be granted. The applicant reserves the right to supplement the foregoing reasons with expert testimony at the Planning Board Hearing. Q:\PRJ\12210-001 470EagleRock\PL\Working Files\SPP\2025-02-20 Justifications Memo - 470 Eagle Rock Avenue_WO 2025-02-20.docx