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 6 of 15 • The final condition, Condition 7, that the proposed project does not satisfy is the 100-foot setback of a driveway for a fast-food use from an intersection. As fast-food uses typically front commercial corridors, it is likely that the condition was considered as a measure to prevent egress into/out of a fast-food site from disrupting the flow of traffic from an active or high-volume intersection, as it is common to see fast-food uses proposed at the corner of multiple active commercial roadways. Impacts on intersections with timed traffic signals could conceivably be detrimental should the interior site circulation not accommodate a significant enough queue to bring cars quickly out of the main right-of-way. Despite not having a sufficient setback from the intersection per the requirement, the site provides substantial room for queuing of the drive-thru as it allows vehicles to wrap around the back of the building in order to access this function. The formal drive-thru lane accommodates 8 cars with room for up to an additional 5 cars in the western drive aisle without any disruption to entrance/exit movements at the egress point/curb cut. The application has been revised throughout hearings to designate a pull-up space in front of the drive-through lane in the event that a customer’s order is taking longer than average to prepare. This further alleviates potential queuing conflicts by ensuring drive-through traffic can move efficiently without substantial delay/interruption. Additionally, as previously stated, the road intersecting the commercial corridor is Rosney Terrace - a lower volume street serving a single-family residential neighborhood that is not signalized and allows vehicles to make turns freely onto Eagle Rock Avenue. The lack of setback of the proposed driveway is not likely to create substantial impacts to the flow of traffic from this street and therefore the intent of the condition is not undermined by the proposed site design. It is also worth noting that the project proposes to reuse the two existing curb-cuts and driveways for the site. The site has operated with said non-conforming curb cut for a restaurant use previously

t is also worth noting that the project proposes to reuse the two existing curb-cuts and driveways for the site. The site has operated with said non-conforming curb cut for a restaurant use previously without any known nuisance or substantial detriment to general welfare and safety. V. Bulk “c” Variances The project 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.