05 Response to Technical Review Comments 12 17 2025

re non-compliant with the township requirement for parking stall size. Of these 103 parking spaces, 50 will be removed and replaced with compliant parking stalls, where 53 will remain. f. Per State EV ordinance 8 make ready spaces are required to be provided. The plan only provides 4 spaces. This needs to be revised since no variance can be granted in the required number of EV spaces. As the site proposes an increase of only 19 new physical parking spaces, and per N.J.S.A. 40:55D-66.20.i only the number of new off-street parking spaces are taken into consideration with respect to EVSE requirements, the project falls under the following section of the Township of West Orange EVSE Ordinance: §25-12.6.d.2.(h): A retailer that provides 25 or fewer off street parking spaces shall not be required to install any electric vehicle supply equipment or make-ready parking spaces. The applicant proposes to install four make-ready parking spaces where none are required.

www.BohlerEngineering.com Ms. Jamilet Baquerizo Vite Township of West Orange BENJ File No. NJA230139 December 16, 2025 Page 7 of 14 g. Existing dumpsters are located in the north eastern portion of the site near the Mount Pleasant Place access. No screening is provided around this area. Further, during site visit it was noted these dumpsters were in a disarray. Applicant should consider creating an enclosure to demarcate this boundary. Sheet C-301 has been revised to provide a 10’ x 20’ trash enclosure along the proposed retail building. An additional 10’ x 10’ trash enclosure is also proposed in the general location of the existing dumpsters, which will be removed/relocated into the screened enclosure. h. Truck turning diagram accessing the dumpsters should be provided. Further, frequency of dumpster pick up should be discussed, considering it is closer to the residential uses. Sheet C-303 has been added to the plan set providing truck turning templates for refuse collection. Testimony will be provided regarding the frequency of collection. i. Ponding issues were noted throughout the site. We defer to the Board Engineer to discuss this further and if the site can be remediated. Sheet C-301 has been revised to provide mill and overlay asphalt repair for a majority of the site. Mill and overlay asphalt repair will improve the ability for runoff to sheet flow over these surfaces by reducing localized depressions in the existing asphalt. Additionally, Sheet C-401 & C-402 have been revised to provide a catch basin in the Mount Pleasant Place driveway to capture ponded stormwater into the proposed on-site conveyance network. j. Due to the type of retail proposed, we recommend crosswalks be provided from parking to the entrance of the retail store, in order for safe pedestrian circulation. Sheet C-301 has been revised to provide crosswalks traversing the main drive aisle. k. As shown, the façade along the Trader Joe’s tenancy is being updated, we recommend that the main building façade should be updated in order to appear a cohesive updated façade. Applicant should provide testimony regarding the color and updates to the façade. The enclosed architectural plans have been revised to indicate new finishes to be installed on the existing mansard roof as well as the addition of matching canopy columns in front of the Trader Joe’s lease area so there’s a cohesive

have been revised to indicate new finishes to be installed on the existing mansard roof as well as the addition of matching canopy columns in front of the Trader Joe’s lease area so there’s a cohesive updated façade for the entire center. All new finishes and design elements are noted accordingly on the updated, resubmitted, drawings. Testimony will be provided accordingly at the hearing. 10. Signage: a. Per section 25-15.4 g- no sign shall be illuminated between the hours of 10:00pm and 7:00 am. Applicant should confirm the timing of the tenancy and compliance with this section. All signage will be controlled to be illuminated only within the hours permitted by the jurisdiction. No illumination of the signage to be between the hours of 10:00pm and 7:00am. 11. Variances and Waivers Required: 1. Applicant should confirm these are pre-existing non-conforming conditions which received variance approval: Applicant submitted a public records request to the Township for all prior approvals, and submitted those which were received. These records only go back to 1994, and some of the prior approvals do not clearly articulate the exact relief which was granted. Therefore, Applicant believes all non-conforming conditions to be lawful nonconformities, it cannot verify this with complete certainty.

www.BohlerEngineering.com Ms. Jamilet Baquerizo Vite Township of West Orange BENJ File No. NJA230139 December 16, 2025 Page 8 of 14 a. Insufficient Side Yard Setback (Contiguous to Residential Lots) (§25-11.2) – A minimum side yard setback of 75 feet is required when adjacent to residential lots, where 40.3 feet exists with respect to Pleasant Valley Way and is proposed to remain. Acknowledged. b. Insufficient Parking Lot Screening (§25-12.1) – Where parking spaces are required to be screened, the eastern section of the property does not include landscaping; this is an existing condition that is proposed to remain. Acknowledged. c. Excessive Fence Height (§25-8.4) – Wood fencing reaching a height of 8 feet is proposed to be maintained in side and rear yards where the maximum height for this fencing is 6 feet. Further, 6-foot-tall chain link fencing is proposed to remain, where such fencing is not permitted to exceed 4 feet. Acknowledged. d. Insufficient Parking Space Dimensions (§25-12.1) – Where minimum standard parking space dimensions required are at least 9 feet in width and 18 feet in length, dimensions of 8 feet x 14.8 feet, respectively, exist and are proposed to remain. Acknowledged. e. Insufficient Loading Space Dimensions (§25-12.3) – Where minimum loading space dimensions required are at least 10 feet in width and 40 feet in length, dimensions of 9.2 feet x 42.9 feet, respectively, exist and are proposed to remain. Acknowledged. f. Monument Sign Standards (§25-15.3.C.2) – The applicant is proposing to maintain a monument sign with the following deviations from the Township Ordinance: insufficient front yard setback, Insufficient height, and excessive width. Acknowledged. 2. We have noted the following new variances are required: a. Excessive Impervious Cover (Chapter 25 Attachment 3) – A maximum impervious coverage of 60% is permitted, where 82.1% is proposed. Sheet C-301 has been revised to provide an updated impervious coverage square footage. This improves an existing nonconformity. b. Insufficient Parking Lot Trees (§25-12.1) – A minimum of 19 trees are required within the parking area, where 15 trees are proposed. The Landscape Plan (sheet L-201) has been revised to include a minimum of 19 parking lot trees. No variance is requested. c. Excessive Wall Height (§25-8.4) – In all nonresidential districts, a fence or wall to be used for screening

has been revised to include a minimum of 19 parking lot trees. No variance is requested. c. Excessive Wall Height (§25-8.4) – In all nonresidential districts, a fence or wall to be used for screening may not exceed six feet in height; the applicant is proposing a 8’ high screen wall. Acknowledged.

www.BohlerEngineering.com Ms. Jamilet Baquerizo Vite Township of West Orange BENJ File No. NJA230139 December 16, 2025 Page 9 of 14 d. Insufficient Parking Area Illumination for B-2 District (§25-14.3) – Where a minimum illumination throughout the parking area is 2.0 footcandles (fc), less than 2.0 fc is proposed periodically. Acknowledged. The light levels have been increased to meet the requirement to the maximum extent practicable. A variance is requested to provide less than 2.0 footcandles throughout the existing and proposed parking areas, due to site constraints and the maximum mounting height and property line illumination permitted by the Township Ordinance. This improves an existing nonconformity. e. Insufficient Number of Loading Spaces (§25-12.3) – Where a total of 4 loading spaces is required, 2 loading spaces are proposed. Acknowledged. This improves an existing nonconformity. f. Insufficient Number of Make-Ready Parking Spaces (§25-12.6) – Where a total of 8 make- ready off-street parking spaces is required, 4 make-ready parking spaces are proposed. As the site proposes an increase of only 19 new physical parking spaces, and per N.J.S.A. 40:55D-66.20.i only the number of new off-street parking spaces are taken into consideration with respect to EVSE requirements, the project falls under the following section of the Township of West Orange EVSE Ordinance: §25-12.6.d.2.(h): A retailer that provides 25 or fewer off street parking spaces shall not be required to install any electric vehicle supply equipment or make-ready parking spaces. The applicant proposes to install four make-ready parking spaces where none are required. g. Excessive Canopy Letter Height (§ 25-14.4.l) - Where a maximum letter height of 8 inches is permitted, a height of 1’-6” is proposed. Acknowledged. This sign will be over the main entrance to the Trader Joe’s on the return side of the building facing the new parking area. h. Excessive Canopy Extension (§ 25-14.4.l) - Where a maximum canopy extension of 6 feet is permitted, an extension of 8’-7” is proposed. Acknowledged. The storefront mansard canopy extension of 8’-7” is existing and is being proposed to remain. This existing canopy will be refinished across the length of the shopping center and additional columns added underneath for a consistent cohesive appearance for the shopping center façade. No structural

s existing canopy will be refinished across the length of the shopping center and additional columns added underneath for a consistent cohesive appearance for the shopping center façade. No structural modifications are being proposed to the existing canopy. 12. Statutory Criteria: 1. The applicant requires c-variance relief for this application. The applicant shall provide testimony that demonstrates how the request for relief may be granted based on one of the standards provided in the MLUL at N.J.S.A. 40:55D-70c. It is the applicant’s responsibility to bear the burden of proof. In order to satisfy the positive and negative criteria for each c variance enumerated above, the applicant should provide testimony that satisfies either the c(1) hardship criterion or c(2) flexible criterion as set forth in the MLUL. Acknowledged. 13. Conformance with the Township’s Master Plan a. The proposed application supports the Reexamination Report’s vision by retrofitting a vacant section of an existing retail shopping center with a grocery store, which already has on-site

www.BohlerEngineering.com Ms. Jamilet Baquerizo Vite Township of West Orange BENJ File No. NJA230139 December 16, 2025 Page 10 of 14 parking improvements. The location’s proximity to residential neighborhoods will offer residents additional options for food shopping. The proposed use is suitable for the B-2 district. Acknowledged. We are in receipt of of the Technical Engineering Review letter prepared by Matrix New World Engineering, Land Surveying and Landscape Architecture, PC, dated November 12, 2025: 1. General 1.1 The ALTA/NSPS Land Title Survey indicates that most of the westerly and northwesterly property line is bound by the West Branch (incorrectly labelled as the South Branch) of the Rahway River. The Survey also indicates that a significant portion of the parcel is with the Flood Hazard Area of the River and to a lesser extent the River’s Riparian Buffer impacts the site. A small portion within the rear of the parcel near Mt. Pleasant Place is a wetlands buffer. The Applicant shall provide testimony on the impact of the proposed improvements on these environmental features and the need to apply to the New Jersey Department of Environmental Protection for any permits. Proposed improvements on site are permitted and follow all requirements set forth in the Permit by Rules in NJAC 7:13. Specifically, the Permit By Rules are: Permit-by-rule 8 (7:13- 7.8), Permit-by-rule 39 (7:13-7.39), and Permit-by-rule 40 (7:13-7.40). Submission and review by the New Jersey Department of Environmental Protection is not required per NJAC 7:13- 6.3(a) ‘An activity that meets the requirements of a permit-by-rule may be conducted without prior Department approval’. 1.2 Two different addresses are used in the application: 457 Mt. Pleasant Avenue and 471 Mt. Pleasant Avenue. Which is the correct one for Trader Joe’s? The civil site plans have been revised to reflect 457 Mt. Pleasant Ave as the address for the site. The application and plans are consistent. 2. Demolition 2.1 The Applicant shall provide testimony as to the intention to remove, demolish, or otherwise modify any existing exterior site elements for the proposed development. Testimony will be provided regarding the intention to remove, demolish, or otherwise modify all exterior site elements pertaining to the proposed development. 3. Site Plan 3.1 The Applicant shall provide testimony regarding the existing

the intention to remove, demolish, or otherwise modify all exterior site elements pertaining to the proposed development. 3. Site Plan 3.1 The Applicant shall provide testimony regarding the existing site conditions, proposed improvements, and conformance with applicable ordinances and regulations. Testimony will be provided regarding the existing site conditions, proposed improvements, and conformance with applicable ordinances and regulations. 3.2 A total of 187 parking stalls are proposed which includes ADA compliant stalls and EV stalls. The applicant shall provide testimony as to the adequacy of this number of stalls or if any variances are required. Acknowledged. Testimony regarding parking adequacy will be provided. As a result of plan revisions, 184 physical spaces are now provided, including ADA compliant stalls and EV stalls. However, due to the EV credit of four (4) spaces, a total of 188 spaces are proposed for zoning purposes.

www.BohlerEngineering.com Ms. Jamilet Baquerizo Vite Township of West Orange BENJ File No. NJA230139 December 16, 2025 Page 11 of 14 3.3 It appears that some sections of the parking lot and some sections of circulation driveways do not have either block or concrete curb along their perimeters as required by Ordinance 25-12.1.B. Acknowledged. This existing nonconformity will remain and has been denoted on the ‘Parking & Loading Table’ on Sheet C-301 as such. Additional concrete curbing has not been provided due to the fact it will alter the predevelopment drainage patterns and limit the ability for stormwater runoff to sheet flow as it does in the existing conditions. 3.4 An existing fence is depicted along the easterly property line, where it abuts residential uses, as required by Ordinance 25.12.1.B. The Applicant shall provide testimony as to the condition of this fence. Any deteriorated sections will need to be replaced/repaired. Testimony will be provided regarding the condition of the existing fence along the easterly property line. Observations made during a site visit determined the fence to be in fair condition. A note has been added to sheet C-301 directing the contractor to replace any segments that may be in disrepair. 3.5 New parking areas to the south and west of the Main Building will receive milling and a pavement overlay or a complete pavement reconstruction. The Applicant shall provide testimony on the condition of the pavement in the remainder of the existing parking areas and circulation driveways and propose any repairs/improvements where necessary. Sheet C-301 has been revised to provide additional asphalt milling and pavement overlay in areas of the site that contain pavement deemed to be in poor condition. 3.6 A new 10 foot by 10 foot trash enclosure is depicted on the easterly side of the Trader Joe’s building. Are there any plans to eliminate the two dumpsters that are shown in the northeasterly corner of the property? Sheet C-301 has been revised to provide a new proposed 10’ x 20’ trash enclosure along the proposed retail building, as well as a new proposed 10’ x 10’ trash enclosure in the location of the two existing dumpsters. The existing dumpsters will be removed/relocated to the proposed 10’ x 10’ enclosure. Sheet C-303 has been added to the plan set to show the circulation of the garbage truck accessing these dumpster