April 3, 2013

410. 11. 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 successors 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. 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. 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or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. 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. A Waiver is granted from West Orange Revised General Ordinance Section 4-9.1b(3) so that Applicant’s cashiers may have more than $100 cash at their registers. . A partial Waiver is granted from West Orange Revised General Ordinance Section 4-9.1(e) and (f) so that Applicant agrees that during the hours between midnight and 6 a.m. it shall use no more than ten (10) cash registers and they shall be ones that are visible from the outside. Applicant shall aiso move and/or place the window signs so that the ten overnight registers being used shall be more visible from the outside. Applicant shall provide a charging station for public use during periods of power outage. Applicant shall within 90 days apply for necessary approvals allowing sales of gardening and other items occurring outside the building or cease such sales. Applicant to provide an interior floor plan of the building to the Township to assist with fire and police

owing sales of gardening and other items occurring outside the building or cease such sales. Applicant to provide an interior floor plan of the building to the Township to assist with fire and police safety concerns. NAPLANNING. BRD\WPIMINUTES|2013\4-3-13 Minutos.doc 13

Chairman Bagoff called for a vote on the Application. The Board voted on the Application as follows: Motion: Chairman Bagoff Second: Mr. Weston Carlucci: Eben: Y Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: Y Wilkes tI: - Bagoff: Y DISCUSSION Recommendation to Township Council regarding potential zoning changes to streamline standby generator installation. (Paul Grygiel, Patrick Dwyer) Chairman Bagoff announced the discussion would be adjourned to an upcoming meeting. Chairman Bagoff announced there would be a presentation of the Compiete Streets project at the next meeting. He requested Councilwoman McCartney provide the Secretary with details to coordinate the presentation. MEETING ADJOURNED at approximately 10:24 P.M. ‘ Minutes adopted May 1, 2013 ae Robin Miller, Planning Board Secretary Township of West Orange **THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE JUNE 5, 2013 AT 7:30 P.M. IN COUNCIL CHAMBERS* ANAPLANNING. BRD\WPWINUTES(2013\4-3-13 Minutes.doc 14