2026 05 26 Planning Report and Justification of Variances_470 Eagle Rock AvenueWO_Rev6

e 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 two restaurants for residents and consumers of the community with improve onsite infrastructure, landscaping, circulation and overall aesthetic appearance. Page 11 of 12

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 Granting the variances will likewise not result in a substantial impairment to the intent and purpose of the zone plan or zoning ordinance. The proposed fast-food restaurant-use is a permitted conditional use of the B-2 District. The proposed project is also consistent with the 2019 Master Plan Update in advancing several goals/objectives of the 2019 Master Plan Reexamination, including; • Objective 9. “Promote a Desirable Visual Environment” • Objective 16. “Encourage Economic Development and Redevelopment That Is Compatible with the Suburban Character of the Township • Principle 2. “Properly Locate Public, Commercial/Retail, Industrial, Residential and Service Uses” CONCLUSION The requested variances are justified and meet the positive and negative proof standards and therefore can be granted. The applicant reserves the right to supplement the foregoing reasons with expert testimony at the Planning Board Hearing. Q:\PRJ\12210-001 470EagleRock\PL\Working Files\SPP\2026-04-03 Planning Report and Justification of Variances_470 Eagle Rock Avenue(WO)_Rev5.docx Page 12 of 12

APPENDIX A PLANNING TESTIMONY SLIDE DECK The following appendix includes a copy of the slides provided (as presented) in conjunction with Professional Planning testimony at the April 16, 2026 BOA hearing.

PLANNING PRESENTATION WEST ORANGE BOARD OF ADJUSTMENT 470 EAGLE ROCK AVENUE MARCH 16.2026 REVISED APRIL 16, 2026 1 470 EAGLE ROCK AVE | WEST ORANGE, NJ MARCH 16.2026 CONDITIONAL USE RELIEF D(3) CONDITIONAL USE RELIEF PROVISION REQ’D. PROPOSED COMPLIES 1. Site Plan filed By licensed professional(s) By licensed professional(s) Y 2. Distance to other “Fast Food” uses Min. 500 FT 320 FT N 3. Distance to Residential District Boundary Min. 1,000 FT 170 FT (west) N 140-120 FT (south) 4. Min. Lot Area 30,000 SF 45,713 SF Y Min. Lot Frontage 200 FT 223.45 FT (Eagle Rock) Y 182.41 FT (Rosney) N 5. Combined entrance widths Min. 24 FT, Max. 30 FT 30 FT Y 6. Distance between driveways on same lot Min. 100 FT 128.2 FT Y 7. Distance between driveway and intersection Min. 100 FT (at radius) 13.2 FT (westerly) N 166.75 FT (easterly) Y 8. Trash Enclosure Screened from R.O.W. Enclosed with board-on-board Y

Y 8. Trash Enclosure Screened from R.O.W. Enclosed with board-on-board Y fencing and secured gate 9. Sufficient Parking Compliance with 25-12.2b 48 spaces Y Min. 36 spaces 10. Yard Requirements Compliant with B-2 bulk Compliant with B-2 front front- Y req’s (Schedule B) side, side and rear yard req’s. 2 1

470 EAGLE ROCK AVE | WEST ORANGE, NJ MARCH 16.2026 CONDITIONAL USE RELIEF 3 470 EAGLE ROCK AVE | WEST ORANGE, NJ MARCH 16.2026 CONDITIONAL USE RELIEF EXISTING DRIVE UP WINDOW USES  Identified 4 other fast food sites (including drive-up window) in WO  3 located in B-1 or B-2 where fast food is a conditional use (Burger King, McDonalds, Dunkin)  3 located on county roads  All existing sites had similar non-conformities with Conditional Use requirements 4 2

470 EAGLE ROCK AVE | WEST ORANGE, NJ APRIL 16.2026 BULK VARIANCE RELIEF BULK ‘C’ RELIEF DESIGN WAIVERS PROVISION REQ’D. / PERM. EXISTING PROPOSED PROVISION REQ’D. / PERM. Min. Lot Area : Drive-up Window (AC) 5 1.05 1.05 Tree Canopy Preservation (%) 50 Max. Impervious Coverage (%) 60 80.9* 75.0 Parking Lot Shade (% in 25 years) 50 Parking in Front Yard (spaces) 0 / Prohibited 11* 10 Parking Area Lighting 2.0 FC Max. Façade Signage (No.) 1 per use N/A 4 – Fast Food 3 - Restaurant Max. Façade Signage (SF) 120 N/A 229 (total)** Curbing within 5FT of Structure Prohibited N/A Curb along drive-through lane Dedicated Loading Space 1 0 0 (striped) *Existing non-conforming to be improved / reduced ** Max. SF of individual sign is 48.3 SF 5 470 EAGLE ROCK AVE | WEST ORANGE, NJ APRIL 16.2026 MIN. LOT AREA [DRIVE-UP WINDOWS]  Ordinance §25-11.14 has 10 9 provisions regulating drive-up window businesses  Application as proposed meets 9 of the 10 all 9 criteria, with exception of minimum lot area  All provisions aim to control for / mitigate circulation issues, particularly with queuing for the drive-up lane  Project as proposed exceeds minimum required vehicular stacking capacity of 6 spots  Two egress configuration ensures onsite vehicles not utilizing the drive-through will be

oject as proposed exceeds minimum required vehicular stacking capacity of 6 spots  Two egress configuration ensures onsite vehicles not utilizing the drive-through will be able to exit the site even if overflow queueing were to occur 6 3

470 EAGLE ROCK AVE | WEST ORANGE, NJ APRIL 16.2026 IMPERVIOUS COVERAGE LANDSCAPE PLAN (submitted 03.09.26) IMPERVIOUS COVERAGE  Reduction of existing non-conformity to 75%  Most recent Landscape Plans exceed tree replacement requirements by 15 trees 42 trees, which are a key performance consideration in onsite stormwater management  Landscape improvements focus on perimeter treatment to buffer/mitigate visual impacts on adjacent properties  WAIVERS:  50% Canopy Preservation  50% Parking Area Shade in 25 years 7 470 EAGLE ROCK AVE | WEST ORANGE, NJ MARCH 16.2026 FRONT YARD PARKING LANDSCAPE PLAN (submitted 03.09.26) 8 4

470 EAGLE ROCK AVE | WEST ORANGE, NJ MARCH 16.2026 CURBING + LOADING CURBING ALONG PICK-UP DRIVE LANE WINDOW 9 470 EAGLE ROCK AVE | WEST ORANGE, NJ MARCH 16.2026 SIGNAGE 10 5