PB 26 04 Orange Prospect LLC Draft Resolution

peak flow and total volume; the requested variance for the number of off-street parking spaces required is also satisfied under a c(2) criteria because the proposed 2 space variance is related to the two-bedroom residential space on the second floor of the accessory building which because the residential space is restricted to use solely by the employees of the proposed business use is subsumed by the actual overall parking needs of the site; the proposed lighting variances are all appropriate as the testimony established that the lighting was sufficient for safety and and will be an aesthetic improvement to the site as a whole without any resulting light spillage onto adjacent properties; the requested variance from the length of the parking space rows is appropriately given the condition itself will be improved by the addition of several planting islands and thus improves upon the previous parking configuration; the requested variance for the proposed relocation of the gazebo within the required 50 foot additional residential buffer is appropriate given the Applicant’s testimony as to the aesthetic improvements that will derive from it and the Board’s condition that the Applicant install a suitable landscaping buffer between the new location of the gazebo and the applicable residential buffer area to screen the gazebo’s visibility from adjacent properties. 3. The request for a soil movement permit is justified as per the testimony of the Applicant’s expert as confirmed by the Board experts that the soil moving activities will be in relation to the reconstruction of the rear parking areas and for the construction of the new walkways on the Property. 4. Relief by way of an extension of time for replacement tree planting pursuant to Section 28- 8 of the Township’s Tree Protection, Removal and Replacement Ordinance is justified as on- going construction activities will impede safe and viable planting of the required trees

and landscaping. extension of time for replacement tree planting pursuant to Section 28-8 of the Township’s Tree Protection, Removal and Replacement Ordinance. NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the Applicant’s Application (PB-26-04) for Amended Preliminary and Final Major Site Plan approval with “c” variances, waivers, a Soil Movement Permit, a Stormwater Management Permit, a Tree Removal and Replacement Permit, and an extension of time for replacement tree planting to June 24, 2027 pursuant to Section 28-8 of the Township’s Tree Protection, Removal and Replacement Ordinance is hereby granted subject to the below enumerated conditions of approval. AND IT IS FURTHER RESOLVED that the above approval is subject to the following terms and conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction but excluding interior renovations, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal

regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successor or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. 3. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. 4. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical review fees, and Board attorney fees for preparation of resolution, Special Meeting review fees as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of the notification or this approval shall be deemed withdrawn. 5. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. 6. To the extent not already addressed by the Applicant’s expert testimony at the June 24, 2026 public hearing to the Board’s satisfaction, Applicant agrees to comply with or address all applicable recommendations set forth in the report of the Board’s Engineer, Ryan MacNeil, P.E., dated June 4, 2026. 7. To the extent not already addressed by the Applicant’s expert testimony at the June 24, 2026 public hearing to the Board’s satisfaction, Applicant agrees to comply with or address

all applicable recommendations set forth in the reports of the Board’s Planner, Malvika Apte, P.P., dated June 5, 2026, and June 17, 2026. 8. Total occupancy permitted shall be increased to 1563 (based upon total parking to be provided of 488 spaces, including EV credits and the requested and granted variance for 2 additional spaces). 9. The residential space on the second floor of the accessory restaurant building shall be restricted by deed filed by the Applicant with the Essex County Registrar limiting its use to employees of the banquet/restaurant facility. A draft of said deed shall be submitted to the Board Attorney for approval and thereafter a filed copy of the recorded deed restriction shall be sent to the Planning Department to be kept on file. 10. The greenery/landscaping in the rear of the property (adjacent to the residential zone) shall be maintained to provide significant coverage. 11. Applicant will endeavor to use some solar panel lighting for the exterior lighting. 12. Applicant may install suitable turf material or a comparable suitable material in the outdoor ceremony area, subject to review by the Board professionals for consistency with the approved plans and any applicable standards. 13. Applicant has until June 24, 2027, to install the replacement trees required under the approved site plan as amended as per the Tree Ordinance. 14. Applicant shall list all conditions of approval onto a final site plan submission. The undersigned Planning Board Secretary certifies the decision set forth herein was made by this Board on June 24, 2026, and memorialized herein pursuant to N.J.S.A. 40:55D10(g) on August 12, 2026:

_________________________________ Jamilet Baquerizo-Vite, Planning Board Secretary Township of West Orange Vote on Action Taken by the Board on June 24, 2026: Board Member Motion Second Aye Nay Abstain Absent K. Alper X J. Guarino X X L. Klein X S. McCartney X S. Scarpa X C. Morgan X F. Noborine X W. Wilkes X L Kapferer X J. Cardoza X R. Bagoff X X Vote on Memorialization on August 12, 2026: Board Member Motion Second Aye Nay Abstain Absent K. Alper J. Guarino L. Klein S. McCartney S. Scarpa C. Morgan F. Noborine W. Wilkes L. Kapferer J. Cardoza R. Bagoff