2025 09 05 Justifications Memo_470 Eagle Rock AvenueWO_Rev

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.