December 6, 2012

Mr. Stewart addressed item #26 in Mr. Keller’s report regarding compliance with the Township’s ordinance for shade tree requirements. He said that that they have submitted a revised tree removal application and the Township’s Forester’s reviewed that report and said that the applicant is in compliance, Mr. Keller said that he will defer this to the Township Forester, John Linson. Mr. Williams stated that conditions #7, 8,10,11,12 & 48 of the original resolution need to be amended, Mr. Buechler referred to Mr. Keller’s report regarding the review of conditions provided for in the prior resolution, Mr. Williams said that the original condition #1 in the resolution of approval no longer applies and will be taken out. He said that the original condition #25 no longer applies and will be taken. out. Chairman Neuer called Herb Waldman, Esq. to the podium. The Chairman asked Mr. Waldman if they could change the original condition #25 in the resolution; Mr. Waldman said yes. Mr. Waldman said that this condition was deemed not applicable based upon settlement of the litigation. Mr. Williams stated that Mr. Keller advised them that they will need “dam safety approval” from the NJDEP. Mr. Keller said that a detention basin is considered a dam and they must file with the State Department of Environmental Protection for safety approval. Mr. Williams stated that the revised tree removal application they submitted was reviewed by the Township Forester, John Linson. He said that Mr. Linson submitted a revised memo dated 12/5/12 with his comments. Chairman Neuer asked to have Mr. Linson’s memo, dated 12/5/12, marked as Exhibit B-land entered into evidence. Chairman Neuer also asked to have the Settlement Agreement between Mr. Malanga and the Township of West Orange marked as Exhibit B-2 and entered into evidence. Chairman Neuer stated that the resolution will include the contents of Exhibit B--1, Mr. Linson’s report, and a copy of Exhibit B-1 will be attached to the resolution. Mr. Sussman asked Mr. Stewart to detail what direction the retaining wall will run along the parking lot; Mr. Stewart referred to Exhibit A-6, the Detail plan, and said it will run from east to north and then west. Mr. Sussman asked Mr. Stewart if there is a drop; Mr. Stewart said yes there isa4 or 5’ drop. Mr. Sussman asked if that would require having a fence around it; Mr. Stewart said if

north and then west. Mr. Sussman asked Mr. Stewart if there is a drop; Mr. Stewart said yes there isa4 or 5’ drop. Mr. Sussman asked if that would require having a fence around it; Mr. Stewart said if it does require a fence around it, then he will comply. Mr. Bullock asked Mr. Stewart what sewer lines will the expanded drainage piping empty into. Mr. Stewart said it will flow from from east to south and discharge into the detention pond and down to Northfield Avenue. Mr. Keller stated that all of the water is being detained; he said they are not changing the drainage patterns. [6]