26 04 07 MPB Realty Planning Review 7

One Market Street, Suite 1F Camden, NJ 08102 732.410.2651 www.artheon.com April 7, 2026 West Orange Township – Zoning Board 66 Main Street West Orange, NJ 07052 Re: MPB Realty LLC – Planning Review #7 470 Eagle Rock Avenue Block 153, Lot 38 Zone: B-2 Our File No. WRZ0153.V01 Dear Chairman and Board Members: This is our seventh review of this application. For prior comments and zoning information please see our previous planning review letters dated October 29th, 2024, March 17, 2025, September 12th, 2025, October 20, 2025, December 12, 2025, and March 16, 2026. It was recently brought to our attention that the Township Code regarding zoning requirements for fast food restaurants with a drive-up window included a provision that was never formally adopted by ordinance of the Township Council. Ordinance 2819-23 was introduced and included a requirement in Section 25-11.14 “Drive-up windows” that required a minimum lot area of 5 acres for any restaurant use with a drive-up window. This ordinance was then not adopted by the Township but was still erroneously included in the Township code on the ecode360 website. As a result, previous planning reports noted that a variance from §25-11.14(j) was required of the application due to an insufficient lot area for a drive-up window. This specific section of the code has now been removed and the error corrected. As a result, there is no longer a minimum lot area requirement of 5 acres for a drive-up window, and a variance will no longer be required. In addition to the removal of the error in the Township code, the applicant has provided revised materials. The new materials offer the following supplemental information: • The planning and variance report has been revised to reflect the removal of the 5-acre lot area requirement; • The tree removal report and plan has been revised to reflect an itemized description of each tree on site that is proposed for removal, and calculations on the required number of replacement trees.