March 20, 2013

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. 4, 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 ail terms and conditions of this resolution. 5. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical 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or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. 6. 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. 7. Applicant to comply with checklist items 8 and 11 as set forth in Omland Engineering’s review letter dated March 4, 2013, namely, the signature block should be changed from “Board Engineer” to “Township Engineer” and the site plans should include the ALTA survey provided by iSignal on a previous application to this Board and the site plans should be corrected as needed to comply with said survey. Chairman Bagoff called for a vote on the Application. The Board voted on the Application as follows: Motion: Chairman Bagoff Second: Mr. Lester Carlucci: Y Eben: - Ghebremicael: - Gurland: Y Heller: - Klein: Y Lester: Y McCartney: Y Wesion: Y Wilkes II: Y Bagoff: Y Chairman Bagoff announced a brief recess at approximately 8:48 P.M.; he re- convened the meeting at approximately 8:58 P.M. Chairman Bagoff noted that Mr. Russo departed the meeting at approximately 8:48 P.M. DISCUSSION Recommendation to Township Council regarding potential zoning changes to streamline standby generator installation. Chairman Bagoff addressed the Board; he said the purpose of the discussion was to determine if the Board should make a recommendation to the Council for their consideration; the Board would work to create a model ordinance for streamlining the installation of standby generators. Chairman Bagoff opined that getting something on the books would make sense; the Board had the

the Board would work to create a model ordinance for streamlining the installation of standby generators. Chairman Bagoff opined that getting something on the books would make sense; the Board had the opportunity to give NAPLANNING BRD\WPIMINUTES|2013\3-20-13 Minutes.doc 8

residents the ability to protect themselves and encourage businesses to help the local community in times of emergency. Chairman Bagoff said that Mr. Grygiel and Mr. Dwyer had been working on recommendations. Mr. Grygiel said there were three main issues: 1. Mandate requiring standby generators for new construction of certain businesses such as service stations, nursing homes and pharmacies; 2. Dealing with general zoning issues defining what a generator is; specifically focusing on emergency standby generators and 3. Where they could be installed, and the standards for installation. Mr. Dwyer said that there was pending legislation, but it might take time for it to be adopted, if at all. Chairman Bagoff said that within the Township of West Orange there were twenty- two condominium associations with over twenty-thousand residents. He opined the Board would be serving the community by streamlining the process by offering guidelines for installation that condominium associations might adopt. There was discussion among the Board regarding making a recommendation to the Council for potential zoning changes.. Some members indicated they had not been provided with a copy of Mr. Grygiel’s memorandum dated February 21, 2013. The Board was unable to make a determination; it was decided to continue the discussion at the next Planning Board meeting. DISCUSSION OPMA Compliance — New Legislation. Tabled for an upcoming Planning Board meeting. Councilwoman McCartney advised the Board that on April 3, 2013, former Montclair Mayor, Jerry Fried, would be making a presentation on Complete Streets, sponsored by Essex County. MEETING ADJOURNED at approximately 10:17 P.M. Minutes adopted April 3, 2013 a Robin Miller, Planning Board Secretary Township of West Orange **THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE MAY 1, 2013 AT 7:30 P.M. IN COUNCIL CHAMBERS* NAPLANNING. BRDWWPAMINUTES(201 3213-20-13 Minutes.doc 9