25 09 12 MPB Realty Planning Review 3

West Orange Zoning Board September 12, 2025 Re: MPB Realty (Popeyes & IHOP) Our File No. WRZ0153.V01 Planning Review #3 Page 9 S:\West Orange\Zoning Board\VWRZ0153.01 - MPB Realty, LLC\25-09-12 MPB Realty - Planning Review 3.docx 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 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 measures that will be taken to protect those trees during construction as they serve as a portion of the proposed buffering between the commercial and residential uses. Minimal details have been provided in the

hat will be taken to protect those trees during construction as they serve as a portion of the proposed buffering between the commercial and residential uses. Minimal details have been provided in the plans. ii. There is no landscaping proposed along the eastern property line, where many existing trees will be removed. There is a narrow space between the existing sidewalk on the property line and the proposed parking areas. The applicant should discuss the potential to include some landscaping in this area, and the potential of shifting the proposed retaining wall to create adequate space for plantings. A row of switch grass is now proposed between the parking and the ROW. iii. The applicant should discuss anticipated maintenance of trees and plantings in the rear of the property. There appears to be an existing fence at the property line, and