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

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