06 Previous PB and ZBA Decisions

Trader Joe’s East, Inc. 457 Mt. Pleasant Avenue West Orange, New Jersey Block 157, Lot 5 Previous Planning Board and Zoning Board of Adjustment Decisions Application Form, Section C. – Property Information August 14, 2025 The following are the resolutions which were provided to Trader Joe’s East, Inc. in response to a public records request filed by Gibbons P.C. seeking all prior approvals of the Planning Board and Zoning Board of Adjustment. Since the earliest of these resolutions, from 1994, references an amended site plan, there appear to be additional approvals prior to 1994 which were not provided and may have been lost, destroyed or otherwise were not available. Exhibit A Date March 23, 1994 Board Description of Resolution/Approval Planning Board Parking variance and amended site plan approval to revise parking layout. PB-93-19 B September 3, 1997 Planning Board (adopting recommendation of Technical Review Committee of the Planning Board) Approval of site plan application for 48 seat sit-down Bagel eatery. PB-97-19T C July 15, 1999 Denial of application for: 1) a “d” variance to allow two principal uses on the same lot, for the purpose of demolishing the existing dwelling type structure and garage in the rear on Lot 8.04 and to combine Lot 8.04 with Lot 5, and erect a one story free standing retail building 3,600 square feet to be occupied by a convenience store and dentist, each space consisting of 1,800 square feet; 2) various “c” variances for excessive lot coverage, permission to have 196 parking spaces instead of 217 as required, minimum sidewalk width of 4 feet instead of 5 feet, dispensation of 75 foot buffer to the residential area required in addition to setback requirements, excessive maximum lot coverage, identification ground sign installation and waiver of submission of an Environmental Impact Statement; 3) amended site plan approval; and 4) consolidation of all lots into one lot. Zoning Board ZB-99-01 1 3226763.1 100724-109634

Exhibit Date D August 17, 2000 Board Description of Resolution/Approval Zoning Board Determination that doctrine of res judicata is not applicable to bar Applicant from proceeding with their application to obtain a “d” variance and for “c” variances connected therewith for premises located at 451-471 Mt. Pleasant Avenue, which shall include demolishing the existing 2 family dwelling with garage in rear of Lot 8.04 in order to construct a “satellite” building for 2 offices or stores to be part of the Metropolitan Plan Exchange Strip mall. ZB-00-12 E October 19, 2000 Zoning Board Approval of application for: 1) a “d” variance to allow two principal uses on the same lot, for the purpose of demolishing the existing dwelling type structure and garage in the rear on Lot 8.04 and to combine Lot 8.04 with Lot 5, and erect a one story free standing retail building of 3,240 square feet; 2) various “c” variances for excessive lot coverage (84.8% instead of 60% permitted), permission to have 182 parking spaces instead of 215 as required, minimum sidewalk width of 4 feet instead of 5 feet, dispensation of 75 foot buffer to the residential area required in addition to setback requirements, excessive maximum lot coverage, identification ground sign installation and waiver of submission of an Environmental Impact Statement; 3) amended site plan approval; and 4) consolidation of all lots into one lot. ZB-00-12 F July 6, 2006 Planning Board Amended preliminary and final site plan approval for the addition to the Metropolitan Plant Exchange of an overhead canopy. PB-05-57 G July 6, 2006 Planning Board Amended preliminary and final site plan approval with parking variance (239 parking spaces required and 168 provided) to renovate an existing retail store to be used as a bagel shop with no more than 36 seats. PB-06-11 H February 3, 2010 Technical Review Committee of the Planning Board Technical site plan approval, without variance, to operate a restaurant (“Julio’s”) with no more than 48 seats. PB-10-01T 2 3226763.1 100724-109634

EXHIBIT A

el3-93-19 ELANNMGAaoAaaRESQLUTICML GRAMTJINI.G_A PARKING VARIANCE AND COND 'TONALLY APPROVING THE AMENDED SITE _PLAN APPLICATION FOR METROPOLLTAN_PLANLEXCHAN_GE L.QCATED Al452459MI. PLEASANIAVERUE, BEING BLOCK 157, LOT 5, ZONE B-2. WHEREAS the Planning Board of the Township of West Orange, at its regular meeting held on February 2, 1994, considered the application for a parking variance and a Amended Site Plan, at 453-459 Mt. Pleasant Avenue, being Block 157, Lot 5, Zone B-2, West Orange, which application was submitted by Metropolitan Plant, Exchange with the consent of the owner Diener Mt. Pleasant Associates, Ltd., through its attorney, Robert C.Williams, Esq.; and WHEREAS the Planning Board considered the presentation of Robert C. Williams, Esq., Attorney for the applicant, and the testimony of Greg Andersen, Architect for the applicant, Anthony Maiello, Store Manager; and WHEREAS the general public having been given an opportunity to be heard, the Planning Board made the following findings of fact: 1. The Applicant is continuing a permitted use. 2. The revised parking layout would upgrade the size and location of the parking stalls. NOW, THEREFORE, BE IT RESOLVED that the application for a variance from the parking requirements of the Township of West Orange Zoning Ordinance be and hereby is granted,subject to the approval of the Amended Site Plan Application. NOW, THEREFORE, BE IT FURTHER RESOLVED that, the Amended Site Plan, dated June 28,1993,revised February 8,1994,for property located at 453459 Mt. Pleasant Avenue, being Block 157, Lot 5, Zone B-2, West Orange, be and hereby is approved,subject to the following conditions: 1. The applicant shall provide a minimum of 190 parking spaces and no spaces are to be less than 8 feet wide and the parking spaces will be restriped on or before April 15,1994. 2. The applicant shall remove the points from the barbed wire used to display hanging plants on or before April 15,1994. 3. The applicant shall cut the poles to be flush with the roof of the building on or before April 15,1994, RESPONSE.TO OPRA 2023-1028_000431

4. The applicant shall erect a sign, "No Trucks, No Left Turn" on the northeast corner of the property to prohibit trucks from using the bridge on Mt. Pleasant Place, on or before March 15,1994. 5. The applicant shall no later than May 1,1994, plant the planters shown on the site plan and replace the plants as needed. 6. No outdoor sales will be permitted more than three feet from the front of the building. The applicant shall clean and maintain clean its portion of the brook. 7. The applicant shall provide the Township with the weights of recycled 8. material disposed of by the applicant. The applicant shall review the drainage problems at the bridge on the 9 west side of the property with the Municipal Engineer. 10. The applicant shall not place merchandise for sale in or on the parking spaces. 11. The applicant shall place a sign indicating the sprinkler connection on the rear fence "Fire Department Sprinkler Connection." 12. The applicant shall indicate "Fire Lane" in front of the gate to the Fire Department Connection. 13. The outdoor sales area is to be limited to the use of the present tenant or its assigns for the same business. If another tenant moves into this location the outdoor plant area is to revert to the parking area as shown on the original site plan, if the same use is not continued. The foregoing is a true copy of the resolution adopted by the Planning Board of the Township of West Orange. Dated: Marct 1994 03, • 2 A-0 Mi d9iija Wagner,Secretary` 2 RESPONSE TO OPRA 2023-1028_000432

EXHIBIT B

PB-97-19T PLANNING BOARD RESOLUTION APPROVING THE RECOMMENDATION OF TI-TE TECHNICAL ADVISORY COMMITTEE FOR THE SITE PLAN APPLICATION OF BAGELS & TABLES,INC, IN RF,GARDS TO TILE PREMISES LOCATED AT 459 MT.PLEASANT AVENUE WHEREAS,the Planning Board of the Township of West Orange,at its regular meeting held on August ,1997,considered the application for Site Plan approval,in the B-2 Zone,and for approval of the recommendation of the Technical Advisory Committee, which application was submitted on behalf of Bagels & Tables,Inc.by Carmine D.Campanile,Attorney at Law of New Jersey,with the consent of the owner,Dilner Mt.Pleasant Associates,Ltd.and the presentation of Carmine D.Campanile and Ben Solomon,President of Bagels & Tables,Inc. NOW, THEREFORE, BE IT RESOLVED that the recommendation of Technical Advisory Committee be and is hereby accepted and the drawing by Robert T.Duffer dated July 14, 1997 and the site plan dated 4114/94 by Craig D.Andersen, AIA,submitted by applicant for the property located at 459 Mt.Pleasant Avenue,being Block Number 157,Lot Number 5,Zone B-2 in the Town for West Orange,be and are hereby approved subject to the following conditions: This approval includes-the approval of 48 seats within the premises for customers to I. engage in sit-down dining. 2. There shall be no garbage storage outside of the premises except that the garbage storage may occur outside the premises at the area provided. 3. Applicant shall not increase the seating without first obtaining necessary variances from appropriate boards. The foregoing is a true copy ofthe resolution adopted by the Planning Board ofthe Township of West Orange. Dated: alia Wager,Secret RESPONSE TO OPRA 202-1028 000434

EXHIBIT C

BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE RESOLUTION ZB-99-01 WHEREAS, Diener Mt. Pleasant Associates, LTD., having their principal office at 28 Millburn Avenue, Springfield, New Jersey, 07081, ("The Applicant") applied to the West Orange Zoning Board of Adjustment ("The Board") for a "D" variance to allow two principal uses on the same lot and for "C" variances for parking lot coverage, a free standing sign, a minimum side walk width of 4 feet instead of 5 feet and the elimination of the 75 foot buffer to residential area required; besides setback requirements; maximum lot coverage of 84.8.96 instead of 6056; Amended Site Plan approval and for elimination of an environmental impact statement, for Lots 5, 8.04, and 10 in Block 157 of the Tax Maps of the Township of West Orange and located in B-2 Zone, so that approval would be obtained to demolish the existing house and garage on Lot 8.04; and to incorporate Lot 8.04 into Lot 5 in order to construct a satellite store to be part of the Metropolitan Plant Exchange strip mall there located; said premises being known as 451-471 Mt. Pleasant Avenue, West Orange, New Jersey; and WHEREAS, the Applicant presented proof that adequate notice of the hearing on said application was published in The West Orange Chronicle, one of the official newspapers of the Board; and WHEREAS, the Applicant submitted proof of service of notice of the hearing upon all property owners within 200 feet of 1

the Property; and WHEREAS, the application was heard at public meetings of the Board on May 13, 1999 and June 17, 1999; and WHEREAS, the matter was presented by Lawrence B. Diener, Esquire as attorney for the Applicant; and WHEREAS, the Applicant submitted an Area Map, Title Survey, Topo and Existing Conditions, General Site Plan, Site Plan Detail, Grading and Drainage Details, and Constructions Details each dated November 12, 1998 and each prepared and signed by Michael and Land signed and Lanzafama Surveyors; and Landscape H. Keller, Plan dated Licensed November Engineers 12, 1998 prepared by Brian S. Conway, Engineer; Floor Plans, Elevations and Sign prepared and signed by Harold Gluckeman, Licensed Architect and dated May 15, 1998; and report on the bridge located on Lot 10 by Christopher P. Statile, Professional Engineeer; and WHEREAS, attorney Lawrence B. Diener, Esquire presented various witnesses in support of his case; who included Michael Lanzafama, Licensed Engineer and Land Surveyor; Harold D. Glucksman and Anthony Guzzo, both Licensed Architects of the State of New Jersey and who collaborated in preparing the plans submitted for the proposed new building; Kenneth Merrill, President of Food Shops Inc., a company engaged in developing convenience stores that has leased one of the proposed new stores to be built on the site; Dr. Glen Goldstein, Licensed Dentist of New Jersey who has signed a lease to occupy one of the two proposed new stores to be erected; Richard Blenden, Manager of the Metropolitan Plant Exchange Mall 2