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ct requests bulk “c” variances for maximum impervious coverage, location of parking at the front yard, maximum number of façade signs, and maximum façade sign area, concrete curbing within 5 feet of a structure, minimum landscape abutting a residential zone, loading space requirements and tree replacement requirements which may be granted pursuant to N.J.S.A. 40:55D-70.c.(2), wherein the benefits of the proposed project would substantially outweigh any detriments.

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. January 09, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 7 of 12 Minimum Lot Area for Drive-Up Window: §25-11.14.j of the West Orange Zoning Code requires that; “Any restaurant [containing a drive-up window] must be situated on property consisting of five (5) or more acres and provide ample queuing to ensure that no waiting vehicles are in or on a public thoroughfare or street.” The subject property has a total lot area of 1.05 acres and therefore requires relief from the lot area minimum specific to the drive-through operation. The proposed project complies with the remaining 10 criteria in this section of the code. Dresdner Robin conducted a GIS analysis of West Orange parcels and found that only 27 parcels in the Township borders meet this lot area criteria in terms of size alone. We then analyzed the 27 properties for underlying zoning districts to identify sites that permit restaurant, fast food, and retail units, specifically the B-1, B-2, R-G, O-R and P-C Districts. Only two of the parcels that make the minimum lot area of 5 acres are zoned for uses that would allow a drive-up window such as a bank, pharmacy, or fast-food use (encompassing a range of full food menu such as a McDonalds to beverage-oriented restaurants such as Starbucks). Parcel #13 identified in the Table 1 on page 8 of this report is already developed as a garden apartment complex (aka: Westmill Gardens) which has no existing retail or restaurant uses. The only other remaining eligible parcel as-of-right in the Township is Parcel 4, (aka: the Whole Foods Plaza at 235 Prospect Avenue) which is located directly across Eagle Rock Avenue from the subject property. Given the proximity and identical contextual physical conditions (outside of lot area), the proposed use is appropriate along the Eagle Rock Avenue corridor and appropriateness is not solely defined in terms of welfare, safety, and intent of zone plan by lot area. It should also be noted that this provision renders many existing businesses providing drive-up windows within the Township as non- conforming, including the Provident Bank (Block 153.14 Lots 31, 32, 33) located 1 parcel east of the subject property and the CVS (Tax Block 153.16, Lots 1, 2, 3, 4, 5, 25, 26, 27) located

hip as non- conforming, including the Provident Bank (Block 153.14 Lots 31, 32, 33) located 1 parcel east of the subject property and the CVS (Tax Block 153.16, Lots 1, 2, 3, 4, 5, 25, 26, 27) located 3 parcels west of the subject property. -------SEE TABLE 1 ON FOLLOWING PAGE-----

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. January 09, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 8 of 12 TABLE 1: TWP. WEST ORANGE DRIVE-UP WINDOW ZONING PARC. No. TAX BLOCK TAX LOT AREA (SF) AREA (AC) ZONE DISTRICT NOTES 1 109 1.01 225,525.03 5.18 PURD 2 150 1 2,314,898.46 53.14 R-1 3 151 7 260,361.72 5.98 R-2 4 152.24 1445 231,604.25 5.32 PC Wholefoods Plaza Across Eagle Rock Ave from Subject Property 5 155.22 42.01 299,453.46 6.87 PURD 6 156 1 1,240,520.16 28.48 R-2 7 157.01 11 1,162,641.08 26.69 R-2 8 160 10 827,069.55 18.99 R-1 9 161 1 841,577.70 19.32 R-1 10 162 2 373,648.95 8.58 R-1 11 163 1 476,133.00 10.93 R-1 12 164 1 263,303.40 6.04 PURD 13 164 1.01 300,893.43 6.91 R-G Developed with Westmill Gardens, no existing retail/ restaurant uses 14 164 25 741,787.54 17.03 R-1 Conservation Overlay 15 167 1 830,357.35 19.06 R-1 Conservation Overlay 16 169 1 375,314.45 8.62 R-1 17 169 6 261,389.22 6.00 R-3 18 169 18 220,618.07 5.06 R-3 19 170 20 53,061.29 1.22 R-3 20 171 1 223,112.77 5.12 R-1 21 171 3 222,541.16 5.11 R-1 22 174 1 1,321,386.13 30.33 R-2 23 177 1 251,792.39 5.78 R-2 24 177.01 25 515,306.37 11.83 R-2 25 177.12 60 230,821.94 5.30 R-4 26 178.05 3 305,304.63 7.01 R-C 27 179 32 840,357.35 19.29 IH-1 = Properties that meet lot area criteria and are located in districts that permit drive-up window-related businesses

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. January 09, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 9 of 12 Maximum Impervious Coverage: The project proposes an impervious surface coverage of 75.0% where a maximum impervious coverage of 60% is permitted in the B-2 District. The existing site conditions have a non- conforming 80.9% impervious coverage which will be reduced through the proposed project but will remain non-compliant. The proposed coverage includes partial removal of the existing impervious surface for shrubs, screening trees and ornamental plantings along the south, east, and north of the subject property, thus substantially improving the existing conditions by providing a green buffer from the adjacent residential uses whereas much of the existing tree canopy in these areas is compromised or dead due to disease. The reduction in pervious coverage will improve the conditions along these property lines while also improving the aesthetic character of the site along the Eagle Rock Avenue corridor. Additionally, the proposed project will reinvigorate a vacant, deteriorating site along an active commercial corridor through its redevelopment and therefore the benefits of the proposed impervious coverage will outweigh the detriments. Location of Parking in Front Yard: The project proposes parking in the front yard of the property, where off- street parking is only permitted in the rear or side yards in the B Districts per Section 25-12.1.l. The front yard parking is an existing non-conforming condition as the existing site shows 11 parking spaces fronting Eagle Rock Avenue. The additional parking spaces provided within the front yard are anticipated to be needed in order to provide adequate, compliant parking may yield a slightly higher parking demand on site than a singular restaurant use. [Note that architectural testimony indicated a single restaurant use in this site could feasibly provide for a 200-seat operation. This alone would yield a parking requirement of 67 spaces per the ordinance, therefore exceeding the requirement of 49 spaces for the combined use as proposed.] The proposed parking at the front will improve the existing condition by reducing the number of non-conforming spaces to a total of 10 spaces, including 2 ADA accessible

the combined use as proposed.] The proposed parking at the front will improve the existing condition by reducing the number of non-conforming spaces to a total of 10 spaces, including 2 ADA accessible spaces. New front yard landscaping will be added to help visually buffer this area from the roadway, and a painted crosswalk from this area to the front door of the proposed building will be added to ensure safe pedestrian access from the spaces to the restaurants. Additionally, other commercial properties along the corridor including the property immediately east of the site have existing non-conforming front yard parking, and therefore the variance will not create a substantial detriment to the existing corridor as it is consistent with other commercial properties. Overall, the benefits of the front yard parking location will outweigh the detriments. Maximum Number of Façade Signs: The project proposes four façade signs for the fast-food restaurant and three façade signs for the full-service restaurant, where a maximum of one façade sign is permitted. The property is located on a corner lot, so the additional signs are intended to be visible from both rights-of-way to

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. January 09, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 10 of 12 improve wayfinding. Additionally, the proposed signs will only be visible to the north (Eagle Rock Avenue), west (Rosney Terrace), and east of the property and will not be visible to the residential properties to the south (rear). The proposed signage packages are consistent with the tenants, who are national brands and provide consistent signage and wayfinding across their locations. Additionally, it is appropriate for signs to be located on multiple facades in the proposed configuration as the project has frontages on multiple rights-of-way and also maintains logo/branding for improved navigability related to the drive-through lane. Maximum Façade Sign Area: The project proposes a total sign area of 229 square feet for the two restaurant uses, where a maximum of 120 square feet is permitted. The total area is split among several (7) smaller signs as noted above and therefore the impact if the congregate sign area will not be felt at the level of numerical deviation from the standard. No one individual sign is in excess of the maximum sign area restriction and therefore the 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

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. Per the most recent report from the Board’s planner, the ordinance states that the required buffer is applicable when abutting a residential zone. The residential properties to the south are both existing non-conforming residential uses within the B-2 zone. The subject property does not share a property line with a residential zoning district, therefore the requirement is not applicable. For the Board’s benefit, the revised plans provide a varying (and improved) landscape buffer of 11.8 FT to the southeast to 23.2 FT at the southwest of the site.

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. January 09, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 11 of 12 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 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. Per the revised civil plans and the increased landscape buffer at the rear yard, the project now complies with the Township’s tree replacement requirements and proposes 53 new trees at 2.5” caliper (See civil sheet 4). Parking Lot Shade: The ordinance requires that all parking lot owners shall create 50% shade in the parking lots within 25 years. The proposed tree canopy will not create 50% shade in the parking lot. The proposed tree canopy is limited to perimeter landscaping as the majority of the site is occupied by the surface parking. The proposed landscaping plan will improve significantly upon the existing condition within the site by providing internal planting areas throughout the “core” of the site where

y the surface parking. The proposed landscaping plan will improve significantly upon the existing condition within the site by providing internal planting areas throughout the “core” of the site where only impervious coverage exists today. and will provide an increased number of compliant trees than what is currently existing. The revised site plan now provides a conforming tree replacement ratio and therefore meets the intent of general canopy goals of the landscape ordinance, but positioning onsite does not allow for this to shade 50% of parking areas. The benefits of the proposed landscaping plan outweigh the detriments. Purpose of the Municipal Land Use Law The granting of the variances will advance the purposes of the Municipal Land Use Law and promote the general welfare.