Interpretation submission 73026

ITEM SIGNED BY DATE/REVISION Statement from Just Salad Statement from Honeygrow Statement from CAVA I. NOTICE Applicant is responsible to publish and serve notice of this application in accordance with Zoning Board of Adjustment/Planning Board requirements; however, notice may not be served until this application is certified as complete and the administrative officer has assigned the applicant a public hearing date. T:\PLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.doc 4/5

J. VERIFICATION AND AUTHORIZATION SIGNATURE IS REQUIRED FOR ALL OF THE FOLLOWING: APPLICANT’S VERIFICATION | hereby certify that the above statements made by me and the information contained in the papers submitted in connection with this application are true. [am aware that if any of the foregoing statements are willfully false, | am subject to punishment. Applicant’s Signature: Date: 7/27/2026 CONTINUANCE Should the Planning Board/Zoning Board of Adjustment have a full and heavy agenda. or discussion and meeting regarding this application requiring carrying the matter past the statue time limit. the applicant grants permission for such an extension. Date: 7/27/2026 Applicant’s Signature: OWNER’S AUTHORIZATION — MUST BE SIGNED at Maintain an office at 50 Tice Blvd., Woodcliff Lake Thereby certify that I reside in the County of Bergen and the State of New Jersey 152.01 and that | am the owner of all that certain lot, piece or parcel of land known as Block(s) Lot(s) 1445&1445.05 on the Tax Map of West Orange which property is the subject of the above application. and that said application is hereby authorized by me. Furthermore, | authorize inspection of the site which is the subject of this application. Owner's Signature __ Date: 7/27/2026 THIS APPLICATION DOES NOT RELIEVE THE APPLICANT FROM COMPLYING WITH OTHER TOWNSHIP ORDINANCES SUCH AS THE TREE REMOVAL ORDINANCE AND OBTAINING THE NECESSARY APPROVALS AND PERMITS UNDER SUCH ORDINANCES. TAPLANNING.RRD\Document Library\PB-ZBA Application 3-15-18.loe ws

Application Addendum - Interpretation West Orange Plaza West Orange Plaza (the “Owner”) has been working very hard to bring high quality tenants to the West Orange Plaza shopping center located at 235 Prospect Avenue and has spent a considerable amount of time vetting proposed restaurant uses. It has rejected several restaurant tenants that have expressed an interest in locating in the shopping center because they don’t fit within the upscale vision that the Owner (and we believe the Township) has for the center. Despite these efforts, several of the proposed restaurant uses that have been told that they would need to go before the ZBA to obtain an interpretation that their use is permitted. In this application, the Owner seeks an interpretation that Cava, Just Salad, honeygrow1 and similar Fast Casual Restaurants are permitted uses in the P-C Zone in which the West Orange Plaza shopping center is located. Under the West Orange Zoning Code, there are only two categories of restaurants: “Fast Food Restaurant” and “Restaurant.” The definition of “Fast Food Restaurant” in the West Orange Code is as follows: FAST FOOD RESTAURANT - Shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than 15 individuals. This does not include restaurants which have "take-out" as accessory to a traditional restaurant. There is no dispute that a “Fast Food Restaurant” is not a permitted use in the P-C Zone in which the shopping center is located. The definition of “Restaurant” is as follows: RESTAURANT - Shall mean a public establishment which serves food and drink primarily or exclusively for consumption on the premises and is not a "Fast Food Restaurant" as defined in this chapter. For the purposes of this chapter, a "Bar" shall also be deemed a "Restaurant" only if food is prepared, served and consumed on the premises. Therefore, under this definition, any restaurant that does not meet the definition of a Fast Food Restaurant,

a "Restaurant" only if food is prepared, served and consumed on the premises. Therefore, under this definition, any restaurant that does not meet the definition of a Fast Food Restaurant, is simply a Restaurant. There is no category for “Fast Casual Restaurant” which is a term used in the industry. As discussed below, the nature of the operations of Fast Casual Restaurants do not meet each of the elements required to be classified as Fast Food Restaurants. Fast Casual Restaurants should therefore be classified as Restaurants within the meaning of the West Orange Code. There are several important elements contained with the definition of Fast Food Restaurant, all of which must be satisfied for a restaurant to be classified as a Fast Food Restaurant. Stated again with each criterion bolded, the definition of Fast Food Restaurant is as follows: 1 honeygrow does not capitalize its name.

FAST FOOD RESTAURANT - Shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than 15 individuals. This does not include restaurants which have "take-out" as accessory to a traditional restaurant. 1. First, the foods must be “ready-to-eat.” The plain meaning of this is that the food has been pre- prepared and is awaiting pickup, such as a hamburger at a McDonalds. This is distinguished from the definition of “Restaurant” which is simply an “establishment which serves food and drink” ; and 2. Second, “available on a short waiting time.” This reinforces the above element, i.e., that the foods must be pre-prepared so that they are quickly available to the diner; and 3. Third, the orders must be placed at a counter; and 4. Fourth, the foods must be primarily served in disposable wrappers, containers or plates; and 5. Finally, there must be seating for more than 15. Each of the five elements must be present or the restaurant is not a “Fast Food Restaurant,” but simply a “Restaurant” under the West Orange Zoning Ordinance. For example, a pizza restaurant, sub shop or Chinese restaurant would not fit this definition because the pizza, sub sandwich or Chinese food is generally not pre-prepared and ready to eat – selections are made before the food is prepared and ready to be served - although pizza, a sub sandwich and Chinese food are all available on a relatively short waiting time, orders are placed at a counter, the food is often served in disposable containers and there may be more than 15 seats in the restaurant. Given the criteria required for a restaurant to be classified as a “Fast Food Restaurant,” we believe that Fast Casual Restaurants, such as Just Salad, Cava and honeygrow are NOT “Fast Food Restaurants” under the West Orange Zoning Ordinance, but simply “Restaurants” which are permitted in the P-C Zone. An operations statement from each of the three proposed tenants, Just Salad, honeygrow and Cava are attached to this application addendum that explains their operations and demonstrates why they are not Fast Food

s statement from each of the three proposed tenants, Just Salad, honeygrow and Cava are attached to this application addendum that explains their operations and demonstrates why they are not Fast Food Restaurants within the meaning of the West Orange Zoning Ordinance. Just Salad Just Salad’s operation is fundamentally distinct from the definition of “fast food restaurant” for the following reasons: 1. Made-to-Order Preparation: Just Salad does not sell premade or ready-to-eat food. Every salad and bowl is prepared individually, from scratch, based on each customer's specific selection of ingredients, proteins, and dressings at the time of order. A copy of its menu is attached. Nothing on the menu is pre-assembled, pre-plated, or held under a heat lamp for immediate pickup as in a conventional fast-food format. This level of in-house preparation is inconsistent with the fast-food model and reflects a standard similar to a traditional restaurant kitchen. 2. Dine-In Experience with Non-Disposable Serviceware: Guests who dine in are served on reusable plateware with metal silverware, not disposable wrappers or containers — directly contrary to one of the necessary elements of a Fast Food Restaurant in the Zoning Code. Just

Salad is a traditional casual dining restaurant with sales average of 83% Dine-In and 17% Drive- thru. Therefore, Just Salad does not meet each of the criteria of a “fast food restaurant” and should be classified as a “restaurant” under the West Orange Zoning Ordinance. honeygrow Similar to Just Salad, honeygrow is also not a Fast Food Restaurant. honeygrow offers stir-fry, salads, and honeybars. While it does offer a menu of suggested items, guests are free to customize each as they like and can create their own dishes as they like. This allows each guest to customize each order to address dietary preferences and restrictions. High quality ingredients are prepared daily to maintain optimal freshness and nutrition, and its proprietary noodles, sauces, and dressings are locally sourced. Each meal is freshly prepared to-order. Only incidental offerings, such as bottled beverages, Terra chips, brownies, and focaccia bread, could be considered “ready-to-eat.” honeygrow’s guests may place orders online, through third-party platforms such as DoorDash, through the honeygrow app, or in-restaurant at the kiosks, for dining-in or taking-out. Meals for guests who dine in the restaurant are not “served in or on disposable wrappers, containers, or plates”. This again is contrary to one of the stated criteria to be a Fast Food Restaurant under the West Orange Zoning Code. Orders are prepared as they are received, regardless of the means of ordering, and the wait time is generally about 7-10 minutes, exceeding the wait time experienced at a fast-food location. A majority of honeygrow’s guests, regardless of the means of ordering, choose to dine-in. Therefore, honeygrow does not meet each of the criteria of a “Fast Food Restaurant” and should be classified as a “Restaurant” under the West Orange Zoning Ordinance. Cava CAVA is a Mediterranean restaurant concept. As stated in its use statement, it is “centered on complete meals rather than standardized, pre-wrapped food. CAVA’s menu includes fresh, chef-curated meals and build-your-own bowls and pitas. A guest typically selects a greens and/or grains base, one or more dips or spreads, a protein, vegetables and other toppings, and a dressing sauce. The proposed location will offer more than 38 ingredients, allowing more than 17.4 billion possible combinations. The menu is designed around individualized meal

other toppings, and a dressing sauce. The proposed location will offer more than 38 ingredients, allowing more than 17.4 billion possible combinations. The menu is designed around individualized meal composition, flavor pairing, and dietary choice – not the rapid handoff of a small number of uniform, pre-assembled items.” “In-person guests order through a customer-facing, open-kitchen service line. A team member begins the meal only after the guest selects a chef-curated item or provides customization instructions.” CAVA offers “an assembly-line, not counter, ordering format. The guest interacts with team members at successive stations while the meal is assembled and finished in view. The process permits changes in portion, ingredients, sauces, and toppings, subject to food-safety and recipe standards. Food is not selected from a rack of pre-wrapped entrees held for immediate sale.” CAVA’s ordering process is interactive and individualized, rather than immediate. It will offer reusable service ware for dine-in guests. Its operation does not meet the definitional requirements to be classified a Fast Food Restaurant under the West Orange Ordinance.

Other Fast Casual Restaurants similar to Just Salad, honeygrow and Cava can each make a similar case regarding their operations. Moreover, these uses are similar to Chipotle, Jersey Mikes and Frank’s Pizza which are each permitted uses at the shopping center and vastly different than that of a Fast Food Restaurant, such as McDonald’s or Burger King, where the foods are premade, kept warm under a heat lamp, wrapped in paper and ready to be immediately picked up to eat in or take out – and which do not offer a dine-in experience utilizing standard reusable plates and utensils. We think that it is in the interest of the Township, the Owner and the prospective tenants that the Board provide an interpretation that Fast Casual Restaurants, such as Just Salad, Cava and Honeygrow, are not Fast Food Restaurants within the meaning of the West Orange Zoning Code. Such an interpretation is dictated by the elements requirement for a Restaurant to be considered a Fast Food Restaurant and would allow West Orange Plaza to attract these types of excellent restaurant tenants that would be a credit to the community.

July 15, 2026 Re: Zoning Application — Just Salad Store #165, West Orange, NJ (Block/Lot on file — P-C Zone) Geniece Gary-Adams Director of Planning & Development, Zoning Official Township of West Orange Phone: (973) 325-4119 Email: zoningofficial@westorange.org Dear Ms. Gary-Adams, We are writing on behalf of Just Salad regarding our New Commercial Business application for our proposed West Orange location. As requested, this letter responds in full to each item identified in your review, describing our menu and ordering model, dine-in and to-go operations, sustainability practices, dietary accommodations, ingredient quality standards, seating, and drive-thru operations. Taken together, this information demonstrates that Just Salad does not meet the Township's definition of a “Fast Food Restaurant” and should be classified as a Restaurant in the P-C Zone. FAST FOOD RESTAURANT Shall mean the retail sale of ready-to-eat foods and beverages for on and/or off premises consumption, whenever the foods and beverages are available upon a short waiting time, and orders are placed by the customer at a counter, and primarily served in or on disposable wrappers, containers or plates, and where there is a seating capacity of more than 15 individuals. This does not include restaurants which have “take-out” as accessory to a traditional restaurant. RESTAURANT Shall mean a public establishment which serves food and drink primarily or exclusively for consumption on the premises and is not a “fast food restaurant” as defined in this chapter. For the purposes of this chapter, a “bar” shall also be deemed a “restaurant” only if food is prepared, served and consumed on the premises. Below, we address each requested topic in turn, and enclose supporting exhibits referenced throughout. 1. Menu and Ordering System A copy of Just Salad's current menu is enclosed as Exhibit A. Just Salad operates on a made-to-order, fully customizable model: guests move through an open-kitchen line and build their own salad, grain bowl, or warm bowl by selecting from bases, proteins, toppings, and dressings prepared and portioned in view of the customer. Nothing on the menu is pre-assembled, pre-plated, or held under a heat lamp for immediate pickup as in a conventional fast-food format. The open kitchen also allows guests to see food prepared to order, which is characteristic of a