ZB 22 13 MPB Realty 470 Eagle Rock Avenue SP Mtg 10 23 2025 Noticing rcd 10 16 25

IME TUV PR MICELTe +~S>- ATTORNEYS AT LAW October 14, 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 October 23, 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, JosowR. Tuvel Jason R. Tuvel, Esq. Attorney for Applicant RECEIVED JRT/scl Enclosures oct 16 2025 W.O. PLANNING DEPT 1 University Plaza Drive, Suite 500 Hackensack, NJO7601 ¥ 207 883 1010 | 1 856 273 8383 © primelaw.com 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. Taman employee with the law firm of Prime & Tuvel 2. The form of public notice (hereinafter referred to as “Notice”) announcing the meeting on October 23, 2025, at 8:00 pm is attached as Exhibit “A.” w 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.” 4. 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 October 10, 2025, from the United States Post Office are attached as Exhibit “C.” an The Notice in Exhibit “A” was published in the Star-Ledger on October 10, 2025 and the West Orange Chronicles on October 13, 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 a Subscribed before me this \M day of October 2025 ae Nota Publigur VETTE ALICEA Sally) 1eepheng . COMMISSION NO. 23238: e | A NOTARY PUBLIC OF NEW fl ey COMMISSION EXPIRES; _/) 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 at a special meeting of the Board on October 23, 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

mpervious 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; (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; (12) Number of replacement trees less than required (109 2” caliper or 49 2.5” caliper trees required; 41 trees proposed); and (13) Lot size for a restaurant with a drive-up window less than required (5 acres required; 1.05 acres existing and 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://us02web.zoom.us/j/87203878182?2pwd=GwZII6iObRKgqx3LFnJrualbxx4BiZec.1 and following the instructions provided to join the online/virtual meeting, including entering meeting identification number: 872 0387 8182 and passcode: 879912, if prompted; or (b) participating telephonically by calling 1 (646) 931-3860 and entering meeting identification number: 872 0387 8182 and password: 879912, 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

ail 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 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”

Buffer Report Highlighted feature(s) Parcel Limits (1) THE 470 EAGLI TOWNSHIP OF WEST ORANGE Office of the Assessor 66 Main Street ‘West Orange, New Jersey 07052 ‘Telephone: (973) 325-4060 Facsimile: (973) 669-4859 created on 10/7/2025 403.00 42 NOTICES E ORANGE 100 MENLO EDISON 470 Eagle Rock Avenue, ROCK AVENUE DEVLLC PARKDR#500 NJ 98837 West Orange, NJ; 07052 § List of adjoining feature(s) that intersect 200 foot buffer from Parcel Limits. Adjoining Properties (22) \Blodl I West Orange Tk 152.01 1445 West Orange Township 152.01 1445.01 West Orange Tk chip 153 i West Orange Township 532 West Orange Township 599 West Orange Townshi 153-32, West Orange Township SS West Orange Township 5335 EAGLE ROCK & PROSPECT ied -. GE P.O. BOX 326 AVE 481 EAGLE MAYEAIR FARMS 481 EAGLE pected HOLDING CORP. noe AVENUE * AVENUE 6 ROSNEY ISMAIL, 6 ROSNEY TERRACE HUSSEIN TERR. BROSNEY —TAKI, ABRAHAM 8 ROSNEY TERRACE B. TER 10 ROSNEY peel 10 ROSNEY TERRACE MARGARET TERRACE 15FUNDUS ALTUNKAYA, 15 FUNDUS ROAD EMRAH & FIGEN ROAD 11FUNDUS PRINCE, 11 FUNDUS ROAD CHRISTINAM ROAD 9 FUNDUS WRIGHT, BARRY N. & HELEN 3 US RO) Eagle Rock & Prospect Ave, PLAINFIELD,NJ 07061 West Orange, NJ, 07052 WEST a1 va ORANGE, NEW 07052 Rock Avenue, JERSEY West Orange, NJ, 07052 6 Rosney WEST Terrace, West oRaNcE, Ny °°? Orange, NJ, 07052 8 Rosey WEST Terrace, West ORANGE, NJ ee Orange, NJ, 07052 10 Rosney WEST Terrace, West ORANGE, Ny 07052 Orange, NJ, 07052 15 Fundus WEST Road, West ORANGE, NJ. 07052 Orange, NJ, 07052 11 Fundus WEST Road, West ORANGE, Ny. 97052 Orange, NJ, 07052 9 Fundus WEST Road, West ORANGE, NJ GaSe Orange, NJ, 07052 Developed by Civil Solutions, using myiDV

x 13 4 we 14 20 21 23 25 West Orange Township West Orange Township West Orange Township West Orange Township West Orange Township West Orange ‘Township West Orange Township West Orange Township ‘West Orange Township West Orange Township West Orange Township West Orange Township West Orange Township 153 153.14 153.14 153.14 153.14 153.14 153.14 153.15 153,15 153.15 153.15 153.15 153.15 38 4 5 6 an A70EAGLE ORANGE DEV ROCK LLC AVENUE z CATALANO, WOODHULL GAETANO “ AVENUE u WOODHULL DIAZ, BERTHA AVENUE 13 ABDELAZIZ, WOODHULL HOSSAM & AVENUE AHMED, JIHAN: 16FUNDUS WHITE, MARQUS. ROAD & SANDRAL. LORENZANA, roan s ROSEMARIE & ANGELO —— SL 469 EAGLE A ROCK AVE LLC 478 EAGLE NEISHA, ASSIF & ROCK GOPIE, AVENUE MICHELLE ou LE CASTE, PAUL & ‘AVENUE ANN MARIE 4 SIMEUS, ROLDY 5 ORNE. & GLENAH TERRACE 6 MESEHA, BLACKBURNE KYRILLOS & TERRACE MOUSA, RANDA 8 HAYES, PATRICK BLACKBURNE & DENISE TERRACE GOOD- 100 MENLO, PARK DR #500 9 WOODHULL AVENUE 1 WOODHULL AVE 13 WOODHULL AVENUE 16 FUNDUS ROAD 14 FUNDUS: ROAD 788 MORRIS TPKE 478 EAGLE ROCK AVE 482 EAGLE ROCK AVENUE created on 10/7/2025 07052 07052 WEST ORANGE, Ny, 97°52 WEST ORANGE, NEW 07052 JERSEY SHORT HILLS, 07078 07052 ORANGE, NEW 07052 07052 WEST ORANGE Ny 07052 07052 07052 470 Bagle 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 Blackburne Terrace, West Orange, NJ, 07052 10 Blackbume Terrace, West Orange, NJ, 07052 Developed by Civil Solutions, using myiDV