26 08 28 Mavis Tire Planning Review 4 rcd 8 28 2026

1 Market Street, Suite 1F Camden, NJ 08102 P:732•410•2651 NJ Certificate of Authorization No. 24GA28412500 East Brunswick • Barnegat • Berlin • Camden • Cape May Court House• Neptune • New York • Parlin August 28, 2026 West Orange Township – Zoning Board 66 Main Street West Orange, NJ 07052Re: Mavis Tire – Planning Review #4 460 Prospect Avenue Block 105, Lot 64.01 Zone: B-2 General Business Our File No. 115.WRZ0105.V01 Dear Chairman and Board Members: 1. Summary The property is located on Prospect Avenue across from the Essex Green Shopping Center. The 32,118 square foot (0.74-acre) property is currently developed with two-story commercial office building. The applicant proposes to remove the existing structure and construct a tire center / motor vehicle service station with seven service bays and a retail sales area encompassing 1,142 square feet including a showroom, sales counter, waiting area, and bathrooms. A d-1 use variance relief is required to permit a motor vehicle service station in the general commercial district.

Page 2 of 11 2. Project and Property Description The subject property is located on Prospect Avenue at the intersection with Blueberry Bend, approximately 1/4 mile north of Mt. Pleasant Avenue, in the center of the Township. The 32,118 square foot (0.74 acre) property is currently developed with a two-story commercial building that has previously been used as the office of a real estate agency. The site has two access points, one on Prospect Avenue, and a second on Blueberry Bend, which is a private roadway, both of which lead to an off-street parking lot. The site also has approximately 10 parking spaces accessed directly from Blueberry Bend. The northern and eastern boundaries of the property include several large trees.This is our fourth review of this application. New comments and text are bolded, italicized, and underlined. Previous comments that no longer apply are stricken. The applicant has provided revised materials that show the following changes from the initial proposal: 1. The applicant reconfigured the building footprint to shift the building closer to the street and move the parking and service bays to the side yard area, bringing the property into greater conformance with the Township Code. 2. The applicant decreased the number of service bays from eight to seven and the overall developable footprint of the building, which in turn reduced the number of parking spaces required from 29 to 25. 3. The applicant has also provided three additional parking spaces, an increase from 19 parking spaces proposed previously to 22 parking spaces currently proposed. 4. The area of the building mounted façade sign is proposed to increase from 70 s.f. to 100 s.f. 5. A revised tree removal report has been provided, describing the condition of the 4 trees to be removed and the 17 trees proposed to be retained on the site. 6. The applicant has provided a roof plan, identifying the locations of the mechanical equipment on the roof. 7. The applicant has provided a site plan rendering, identifying the placement of buildings, drive- aisles, and parking spaces. 8. The applicant has provided an aerial map, identifying the property in question, surrounding zoning districts, the surrounding roadways, and a 200 foot boundary around the property. 9. An acoustical analysis has been provided. 10. The architectural plans have been revised to increase the height of the

stricts, the surrounding roadways, and a 200 foot boundary around the property. 9. An acoustical analysis has been provided. 10. The architectural plans have been revised to increase the height of the parapet at the top of the building to screen the mechanical equipment. 11. Additional renderings of the proposed development have been provided. 12. Supplemental landscaping is proposed on the eastern boundary of the site between the site and the adjacent residences. The applicant is proposing to demolish the existing office building and construct a motor vehicle service station as a tire center with seven service bays in its place. The existing driveway access points would remain, and new parking spaces would be provided, with 22 off-street parking spaces proposed, including two ADA spaces, all parking spaces can be accessed internally via driveways rather than directly from the street. The seven service bays will be located on the south side of the building. A

Page 3 of 11 10’x10’ dumpster enclosure is proposed for the eastern side of the property towards the rear of the drive aisle. Additional proposed improvements include landscaping along the periphery of the site and around the building as foundation plantings. New lighting is also proposed along the building facades and around the parking lot. Signage for the businesses is proposed as a 100 s.f. building mounted façade sign on the front of the building facing Prospect Avenue, and an 8-foot high 48.5 s.f. monument sign near the entrance driveway. The site is surrounded by a mix of commercial and residential uses. To the east there are residential properties, while to the north along Prospect Avenue there is an urgent medical care facility. Across Prospect Avenue to the north is the Essex Green Shopping Center, which features various retail stores and dining options. Directly south of the site are larger commercial uses, such as a banquet hall/event space and a multi-tenant commercial building. 3. Zoning Compliance The property is located within the B-2 Business district of the Township. Use Requirements The B-2 district permits retail services, personal service businesses, offices, business schools, restaurants, bars, and fitness centers as principal uses. Motor vehicle fueling stations are permitted as conditional uses. A motor vehicle service station is not a permitted principal use or conditionally permitted use in the district. A d-1 use variance will be required. Bulk Requirements All development in the B-2 district is subject to the following bulk regulations: B-2 Zone Bulk Requirements Required / Permitted Existing Proposed Variance Min Lot Area 10,000 sf 32,118 sf (0.74 acres) No Change No Min Front Yard (Prospect) 30 feet 91.8 feet 43.0 feet No Min Front Yard (Blueberry Bend) 25 feet ? 93.2 feet No Min Rear Yard 30 feet 30.8 feet 30 feet No Min Side Yard 10 feet 42.8 feet 19.6 feet No Min Combined Side Yard Setback 20 feet 112.3 feet 82.4 feet No

Page 4 of 11 B-2 Zone Bulk Requirements Required / Permitted Existing Proposed Variance Max Building Coverage 40% 10.4% 20.6% No Max Impervious Coverage 60% 59.9% 63.3% Yes Max Building Height 2.5 stories / 35 feet 2 stories 1 story (22.5 feet) No Min Drive Aisle Setback 5 feet 0 feet 0 feet ENC Min Buffer Width 20 feet to residential 20 feet 20 feet No ENC = Existing Non-Conformity Parking & Loading Off-street parking is required for motor vehicle service stations at a minimum of 5 spaces, plus 2 spaces for each service bay, and 1 space for each 200 square feet of retail space. • 5 spaces + 2 spaces per bay (2 x 7 bays) = 14 spaces + 1 space per 200 s.f. of retail space (1,142 s.f. / 200) = 6 spaces • 5 + 14 + 6 = 25 parking spaces required. • 22 parking spaces, including 2 ADA spaces, are proposed to be provided on site. • With less than 25 parking spaces, no EV charging station spaces are required, and none are proposed. Tree Planting & Removal The tree removal plan identifies twenty-one (21) existing viable trees on the site, requiring 30% or seven (7) trees to be preserved. The applicant proposes preserving seventeen (17) trees on the site, and removing four (4) trees. Seventeen (17) new trees are proposed. Signage One façade sign per business is permitted, with a maximum sign area of 120 square feet, and one monument sign is permitted with a maximum height of 8 feet, and a maximum area of 50 square feet. The minimum front yard setback for monument signs is 10 feet. • 1 façade sign is proposed, with a total area of 100 square feet. • 1 monument sign is proposed to be setback 14.5 feet, and with a height of 8 feet and an area of 48.5 square feet.

Page 5 of 11 4. Variances & Waivers Required It appears that the following conditions are not in compliance with the Township’s land development regulations and may require variance or design waiver relief from the Board to permit the project as proposed: Variances: a. §25-7.1 Attachment 2 Permitted Uses – The proposed use as a Motor Vehicle Service Station is not a permitted principal use. b. §25-7.1 Attachment 3 Lot Coverage – The proposed lot coverage is 63.3% 64.0% where a maximum of 60% is permitted. c. § 25-8.1.a Setback of Accessory Structures – Accessory structures are required to be at least fifteen feet from the principal building. The trash/recycling enclosure is located within 15 feet of the principal building. The applicant has moved the trash enclosure to be 15 feet away from the principal building. d. §25-12.1.l Parking in Front Yard – Parking is not permitted in a front yard, where parking is proposed in the front yard. e. §25-12.2.b(1) Parking – The minimum required number of parking spaces is 25, where 22 are proposed. f. §25-12.3.a.2 Loading – At least one off-street loading space is required, where no designated loading space is proposed. g. § 25-12.4.a.2 Access Drives Off-Street Parking Area – Access drives may be located within a side yard setback, but are not permitted to be located within five feet of a side lot line, whereas an access drive onto Prospect Avenue is abuts the southern side lot line. h. §25-14.3 Lighting – A minimum of 2.0 footcandles is required to be maintained in parking areas, where lighting illumination levels will be as low as 1.0 footcandles in portions of the parking lot. i. §25-14.3 Lighting – A maximum of 0.5 footcandles is required to be maintained along non- residential property lines, whereas lighting illumination levels are proposed to be as high as 4.8 footcandles. j. §25-15.3.C.2(D) Façade and monument signs are required to be located in the front yard, whereas the façade and monument signs are located in the side yard of the building. The applicant has moved the façade and monument signs to be located in the front yard of the building.

Page 6 of 11 5. Master Plan Considerations The Township’s Master Plan was last reexamined in December of 2019. The following goals, objectives, and recommendations of the Master Plan may be relevant to this application: • Encourage economic development and redevelopment that is compatible with the suburban character of the Township. • Maintain the existing scale of the community. • The master plan should continue to support economic development, including through maintenance and revitalization of commercial and office areas. • The master plan recommends that the Executive Drive and Essex Green area allow for a more broad mix of uses. 6. Planning Commentsa. The applicant should provide testimony summarizing and discussing the revisions to the plans that have been prepared as a result of questions and comments from the Board and the public at previous hearings. b. The applicant should discuss the proposed project, addressing the general scale and scope of improvements proposed for the site. Testimony should be provided addressing the anticipated operations of the auto service use on the site, including the scope of repairs that will or will not be performed, storage of vehicles, storage and removal of tires, hours of operation, and number of employees on the site. c. The application as proposed will require a D-1 use variance for non-compliance with the permitted principal use requirements for uses in the B-2 business district. With any ‘d’ variance, the applicant has an enhanced burden of proof to demonstrate that both the positive and negative criteria can be satisfied before the Board can grant a ‘d’ variance: i. Positive Criteria: The applicant must show that there are special reasons to grant the variance. Special reasons can come in one of three forms: 1) that there is an economic inutility in using the property for one of the permitted uses in the district; 2) that the proposed use is considered “inherently beneficial”; or 3) that the proposed use would promote the general welfare by advancing one of the purposes of zoning, and that the site is particularly suited for the use. ii. Negative Criteria: The applicant must show that the proposed use will not have a substantial detrimental impact on the public good, and will not substantially impair the intent and purpose of the zone plan. d. The applicant should provide testimony addressing how this

l not have a substantial detrimental impact on the public good, and will not substantially impair the intent and purpose of the zone plan. d. The applicant should provide testimony addressing how this particular site was identified for this business, whether there is a need for this type of use in the area, and how the site is suited for use as a tire center / auto service station use. e. We note that an automobile service station is listed as a permitted principal use in the I Industrial district of the Township. The applicant should address whether or not any property

Page 7 of 11 in the I districts of the Township were pursued. We note that it appears that the Industrial district is limited in size within the Township to three areas along the border with the City of Orange. f. The application as proposed will also require several bulk or ‘c’ variances. The applicant must satisfy both the positive and negative criteria for each of these variances as well: i. Positive Criteria: The applicant must show that either there is an undue hardship (practical difficulty) in conforming to the code (c-1 hardship), or that the proposed conditions represent a preferable alternative to conforming to the standards of the code, that the purposes of zoning will be advanced, and that the benefits of the deviation would outweigh any detrimental impacts (c-2 flexible). ii. Negative Criteria: The applicant must show that the variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the zone plan. g. In the case of any d-1 use variance, the bulk standards that have been adopted for the particular district, in this case those of the B-2 district, were not intended for uses other than those that are considered permitted uses. The standards of the B-2 district are not intended to apply to an auto service station use. In these cases, bulk variances related to specific requirements of the B-2 district can be considered subsumed within the Board’s consideration of the d-1 use variance. The Zoning Board can at its reasonable discretion determine appropriate bulk standards such as building setbacks and buffering requirements specific to this use on this site. h. The applicant should address the anticipated demand for off-street parking on the site during peak hours. i. Township code requires that parking lots for commercial uses in the B-2 district be located in the side or rear yards, rather than the front yard. The applicant should discuss the potential to shift the location of the building and parking so that the parking is to the side and rear. Is there a possibility of reorganizing the site and building layout so that the 8 service bays are all on the south side in a deeper more narrow building.j. We note that the applicant has shifted the majority of the parking spaces from the front yard to the side yard area. Two parking spaces are technically still within the front

r more narrow building.j. We note that the applicant has shifted the majority of the parking spaces from the front yard to the side yard area. Two parking spaces are technically still within the front yard area though. A variance is still required, but this change significantly improves the proposal’s conformance with the Township’s code. k. The applicant should consider the addition of EV parking spaces to support electric vehicle charging and this would also help bring the site closer to technical compliance with the required minimum number of parking spaces through credits for the EV space(s). l. We note that it appears that each of the neighboring commercial uses comply with this requirement, with the buildings located closer to Prospect Avenue and parking in the rear. m. Will there be any differentiation between employee parking and customer parking? The applicant should clarify. The applicant had previously testified that employees would be