2026 03 06 Justifications Memo_470 Eagle Rock AvenueWORev4

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. March 06, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 7 of 15 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 27 106 parcels in the Township borders meet this lot area criteria in terms of size alone. We then analyzed the eligible 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 This analysis identified 9 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). Of the 9 eligible parcels, 3 are located in the B-2 zone, which is the only district where fast food drive-up windows in particular are (conditionally) permitted, leaving eligible parcels in the Township with a path to fast-food drive-up implementation without a d(1) use variance. 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

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 3 parcels west of the subject property. -------SEE TABLE 1 ON FOLLOWING PAGE----- **Version 4.0 of this report provides an update to this analysis based on updated data available through the State’s GIS Office as of January 2026. Methodology for the analysis remains the same, but additional parcels have been identified due to more complete datasets.

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. March 06, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 8 of 15 TABLE 1: DRIVE-UP PARCEL ANALYSIS : WEST ORANGE TOWNSHIP BLOCK LOT ADDRESS AREA (ACRE) AREA (SF) 160.01 30 66 MAIN STREET 20.715 902,345 82.01 1 120 NORTHFIELD AVENUE 44.501 1,938,464 59.04 1.01 120 NORTHFIELD AVENUE 10.57 460,429 80.02 35 14 RIDGE RD 10.17 443,005 80.03 10 PO BOX 1874 5.8 252,648 80.03 21 PO BOX 1874 6.967 303,483 82.03 27 PO BOX 2447 14.91 649,480 80.03 36 2 EXECUTIVE DRIVE #430 12.08 526,205 98 1 1 PARK WAY 16.77 730,501 104 10 45 MOUNTAIN AVENUE 9.91 431,680 97 24.02 280 PARK AVE, 3RD FL 5.779 251,733 97 1 3232 NEWMARK DRIVE 5.886 256,394 101.01 6.02 MAIN ST.& LAKESIDE AVE. 5.133 223,593 102 5 10 LYNWOOD WAY 6.24 271,814 91 1 MAIN ST.& LAKESIDE AVE. 10.46 455,638 93.01 1 1 PARK WAY 10.5 457,380 115 15 66 MAIN ST 9.034 393,521 125.02 106 66 MAIN ST 7.08 308,405 140.02 2 33 CLINTON ROAD 9.377 408,462 109 3 1 PARK WAY 14.47 630,313 107 1.04 BOLAND DRIVE 37.016 1,612,417 107 1.03 1240 HEADQUARTERS PLAZA 8.693 378,667 107 5 66 MAIN STREET 5.434 236,705 151 33 420 BOULEVARD STE #201 5.913 257,570 151 1 P O BOX 194 189.03 8,234,147 151 30 7902 WESTPARK DR 5.717 249,033 152.22 1413 WALDECK COURT 10.255 446,708 152.23 1434 300 PLEASANT VALLEY WAY 6.31 274,864 151 15.03 111 PROSPECT AVENUE 5.74 250,034 152.10 1 179 EAGLE ROCK AVE 9.66 420,790 151 17.01 111 PROSPECT AVENUE 8.29 361,112 152.01 1445.01 481 EAGLE ROCK AVENUE 11.07 482,209 152.01 1445 P.O. BOX 326 31.36 1,366,042 152.22 1428 350 PLEASANT VALLEY WAY 0.5702 24,838 154 20.01 179 EAGLE ROCK AVE 31.56 1,374,754 154.21 34 168 BUSINESS PARK DRIVE 9.71 422,968 154.19 6 66 MAIN STREET 9.7932 426,592 155 26.01 150 CIRCLE AVENUE 23.362 1,017,649

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. March 06, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 9 of 15 155.21 40 PO BOX 326 33.6 1,463,616 155 41.02 66 MAIN STREET 5.28 229,997 155 42.01 200 SHEFFIELD STREET #305 8.68 378,101 156 1 350 MT. PLEASANT AVENUE 175.771 7,656,585 157.01 11 115 CLIFTON AVENUE 163.339 7,115,047 160 10 66 MAIN STREET 114.94 5,006,786 164 25 115 CLIFTON AVENUE 102.34 4,457,930 167 1 115 CLIFTON AVE 127.88 5,570,453 169 1 401 EAST STATE STREET 52.4 2,282,544 161 1 115 CLIFTON AVENUE 140 6,098,400 163 2 115 CLIFTON AVENUE 14.18 617,681 162 2 29 NORTH DAY STREET 100 4,356,000 162 1 115 CLIFTON AVENUE 11.4 496,584 163 13 115 CLIFTON AVENUE 23.4 1,019,304 162 3 115 CLIFTON AVENUE 48.9 2,130,084 164 1.03 101 OLD SHORT HILL RDPH1 6.74 293,594 165.06 1 66 MAIN STREET 18.52 806,731 165.06 2 1050 GALLOPING HILL RD 15.58 678,665 165 15 901 ROUTE 10 EAST 2.36 102,802 166.15 11.03 747 NORTHFIELD AVENUE 6.99 304,484 166 14 374 MILLBURN AVE 4TH FLR 6.5 283,140 166.15 9 PO BOX 92129 4.92 214,315 166.01 20 115 CLIFTON AVENUE 8.17 355,885 166.13 1 SCHINDLER TERRACE 6.54 284,882 169.02 2 BEL AIRE AT WEST ORANGE 48.023 2,091,882 169.01 6.01 1 WHITBAY DRIVE 104.21 4,539,388 168 18.04 1418 PLEASANT VALLEY WAY 12.89 561,488 168 25 179 EAGLE ROCK AVE 10.07 438,649 168 18 1418 PLEASANT VALLEY WAY 0.1169 5,092 171 1 EGGERTS CROSSING- CN229 29.82 1,298,959 171 3 EGGERTS CROSSING- CN229 21.382 931,400 171 10 P.O. BOX 92129 34.47 1,501,513 171 12 901 RT 10 7.9 344,124 170.01 10 301 S. LIVINGSTON AVE#201 5.151 224,378 170 17 66 MAIN ST 28.74 1,251,914 170.02 5.01 66 MAIN STREET 37.027 1,612,896 170.03 1.01 115 CLIFTON AVENUE 11.21 488,308 170 8 457 OAK GLEN ROAD 6.5 283,140 169.02 1 179 EAGLE ROCK AVENUE 25.713 1,120,058 172 29 66 MAIN STREET 14.99 652,964

JUSTIFICATIONS OF VARIANCES DR Project no.:12210-001 PROPOSED MIXED COMMERICAL DEVELOPMENT Rev. March 06, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 10 of 15 172 29.01 179 EAGLE ROCK AVENUE 9.967 434,163 172.25 23 66 MAIN STREET 6.288 273,905 172 29.02 66 MAIN STREET 6.813 296,774 172.22 6 66 MAIN ST 5.6 243,936 176.01 7 179 EAGLE ROCK AVENUE 6.26 272,686 174 1 66 MAIN STREET 94.999 4,138,156 174 1.01 750 EAGLE ROCK AVENUE 146.752 6,392,517 177.12 60 757 EAGLE ROCK AVENUE 32.995 1,437,262 177.08 20 285 ROOSEVELT AVE. 1.5599 67,949 178.01 1.01 1 REGER LANE 50 2,178,000 179 3 755 SECOND AVE 15.702 683,979 179 32 820 MORRIS TURNPIKE 120.496 5,248,806 177.01 25 219 DEVON ROAD 68.52 2,984,731 164 1.01 820 MORRIS TURNPIKE 47.02 2,048,191 120.02 1 P O BOX 728 32 1,393,920 150 1 115 CLIFTON AVENUE 364.34 15,870,650 = 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. March 06, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 11 of 15 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. March 06, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 12 of 15 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. March 06, 2026 470 EAGLE ROCK AVENUE (BLOCK 153, LOT 38) TOWNSHIP OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY Page 13 of 15 Based on the February 22, 2026 hearing, the project team submitted an OPRA request on the two adjacent residential parcels to ensure neither was granted via a use variance as acknowledged in the ordinance. OPRA requests yielded no prior approval records for either property. Based on the Tax Cards for both properties, the single-family homes were constructed in 1965 (Lot 35, add. 9 Fungus Rd) and 1967 (Lot 1, add. 6 Rosney Ter) and likely predated the current B-2 zoning boundary which appears to be adopted in the 80’s based on available Master Plan data on the Township’s website. This indicates these parcels were intentionally included in and subsequently maintained in the B-2 district, and the residential buffer standard therefore is not applicable. 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