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 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

cant 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). Revisions to the proposed tree plan are under coordination with the Township Forester and will be addressed in testimony at the March 19, 2026 hearing. Pending additional testimony, Planning will address whether the variance relief is needed for this criteria and to what degree. 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