2026 04 03 Planning Report and Justification of Variances__Rev5 rcd 4 6 2026

the deficient frontage along Rosney Terrace, the project does not create negative impacts on traffic flows for this street and therefore the intent of the requirement is preserved through the proposed site design. • 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

PROPOSED MIXED COMMERCIAL DEVELOPMENT DR Project no.: 12210-001 470 EAGLE ROCK AVE (TAX BLOCK 153, LOT 38) Rev. April 03, 2026 TOWNSHIP OF WEST ORANGE, NEW JERSEY Page 7 of 12 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 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. **Version 5.0 of this report removes the request for the minimum lot area variance, as correspondence was provided by Board Counsel on 03.31.2026 indicating that Ordinance 2819-23 was

any detriments. **Version 5.0 of this report removes the request for the minimum lot area variance, as correspondence was provided by Board Counsel on 03.31.2026 indicating that Ordinance 2819-23 was mistakenly codified in eCode 360, despite the ordinance failing to be adopted upon second reading at Council on a vote of 4 against, 1 in favor. Accordingly, the provision is not applicable to the project, and the project now complies with all applicable regulations related to drive-up window uses. No relief is needed related to the drive- through component of the proposed Popeye’s. The analysis previously conducted related to this variance has been removed from the report.

PROPOSED MIXED COMMERCIAL DEVELOPMENT DR Project no.: 12210-001 470 EAGLE ROCK AVE (TAX BLOCK 153, LOT 38) Rev. April 03, 2026 TOWNSHIP OF WEST ORANGE, NEW JERSEY Page 8 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.” 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

ar 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 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

PROPOSED MIXED COMMERCIAL DEVELOPMENT DR Project no.: 12210-001 470 EAGLE ROCK AVE (TAX BLOCK 153, LOT 38) Rev. April 03, 2026 TOWNSHIP OF WEST ORANGE, NEW JERSEY Page 9 of 12 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 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

ehicles 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 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

PROPOSED MIXED COMMERCIAL DEVELOPMENT DR Project no.: 12210-001 470 EAGLE ROCK AVE (TAX BLOCK 153, LOT 38) Rev. April 03, 2026 TOWNSHIP OF WEST ORANGE, NEW JERSEY Page 10 of 12 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. 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

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 64 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. The tree professional who reviewed the existing site and proposed plans determined that the proposed removals require 22 replacement trees to be implemented under the ordinance. Per exhibits and testimony presented at the March 19, 2026 hearing, the project provides 64 replacement trees. This nearly 3x

PROPOSED MIXED COMMERCIAL DEVELOPMENT DR Project no.: 12210-001 470 EAGLE ROCK AVE (TAX BLOCK 153, LOT 38) Rev. April 03, 2026 TOWNSHIP OF WEST ORANGE, NEW JERSEY Page 11 of 12 replacement ratio will provide substantial benefit in mitigating onsite stormwater management while ensuring tree canopy on site long-term is healthy and viable. 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 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. • Granting the requested variances will guide the appropriate use and development of the property in a manner that will promote the general welfare consistent with N.J.S.A. 40:55D-2.a. through the provision of an appropriate commercial building on a lot that is compliant with conditional uses of the B-2 District. • The proposed project will provide adequate light, air, and open space; consistent with N.J.S.A. 40:55D- 2.c. • The proposed project will promote a more desirable visual environment through creative development techniques consistent with N.J.S.A. 40:55D-2.i. by redeveloping the property and substantially improving the Eagle Rock Avenue streetscape and commercial character. Negative Criteria Granting the variances will not result in a substantial detriment to the general welfare. The project proposes to demolish an existing condemned building and provides a particularly beneficial use that is similar to its previous commercial use in developing