May 1, 2013

3. {n 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or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn.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 nates 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. In order to reduce noise impact from the generator it may not be refilled or tested before 8 a.m. or after 7 p.m. Applicant to provide arborvitaes 8 to 10 ft. in height and 5 feet on center around the generator enclosure, except the gate, to screen it from sight. All of the conditions in this Resolution will be included on the final plans submitted to the Township. Chairman Bagoff called for a vote on the Application. The Board voted on the Application as follows: Motion: Chairman Bagoff Second: Mr. Ghebremicael Carlucci: Y Eben: N Ghebremicael: Y Gurland: N Heller: Y Klein: Y Lester: - McCartney: Y Weston: - Wilkes Il: Y Bagoff: Y DISCUSSIONS Complete Streets Policy. (Jerry Fried, Former Mayor, Township of Montclair) Mr. Fried introduced himself to the Board; he said he was the former Mayor of the Township of Montclair; he was an advocate for the Complete Street policies. The Complete Street Policy said that roadwork plans

introduced himself to the Board; he said he was the former Mayor of the Township of Montclair; he was an advocate for the Complete Street policies. The Complete Street Policy said that roadwork plans should include accessibly to all users including bicycles and pedestrians. Mr. Fried said that usually a municipality would adopt the policy in the form of a Resolution. The goal would be to have the Planning Board make a recommendation to the governing body. Mr. Fried gave a brief PowerPoint presentation entitled, “Top Ten Reasons to Adopt a Complete Streets Policy”. Included in the presentation were the “5 “E”s of Complete Streets: Engineering, Education, Enforcement, Encouragement, Evaluation. Mr. Fried detailed the plan; he mentioned several municipals that that had adopted the Complete Street Policy, inciuding the Township of Montclair. Detailing Montclair’s South Park Street Promenade, Mr. Fried said the Promenade would host outdoor concerts and outdoor cafes; making it more pedestrian friendly. NAPLANNING. BRD\WP\MINUTES\2013\5-1-13 Minutes.doc

Mr. Fried said that Essex County had become the County with the fastest growing adoption of Complete Street policies. He concluded the PowerPoint presentation with a list of the top ten freasons to adopt the policy: 1. Helps Guide Staff Long-Term 2. Reduces Solo Car Trips 3. Prioritizes Health/Safety Over Speed 4. Facilitates “Aging in Place” 5. Reduces Residential Property Taxes 6. Increases Property Values 7. Increases Civic Engagement and Community Vitality 8. Becoming an Early Adopter NOW Pays Benefits 9. Consistency with NJDOT Policy Gets You a Check 10. Easier and Cheaper Now Than In The Future He opined it would be beneficial for West Orange to get a policy on its books. The Board discussed the Presentation. Mr. Eben stated Mr. Fried had made a good presentation; he said he had recently made a presentation to the Township Council on Healthy Communities. Mr. Heller inquired if there were sample recommendations from other municipalities that Mr. Fried would be able to provide the Board. Mr. Fried said he would provide the Board with copies of recommendations from Glen Ridge, Morristown, Essex County and the State of New Jersey. Councilwoman McCartney said she supported gathering additional information to review. Mr. Klein mentioned he had taken a course on the Complete Streets Policy. Chairman Bagoff recommended to the Board that within the next six months, additional information be complied to review and make a recommendation to the Township Council by the end of the year; and to include the Complete Streets Policy in the next Master Plan Re- examination. Recommendation to Township Council regarding potential zoning changes to streamline standby generator installation. (Paul Grygiel, Patrick J. Dwyer, Esq.) Chairman Bagoff advised the Board he had asked Mr. Grygiel and Mr. Dwyer to re-introduce the discussion for recommendation to Township Council regarding the generator class to accessory use. He said the function of the Planning Board was to help the community; the Planning Board recommendation to change the stand-by generator ordinance would in no way take away the rights of a condominium association or the individual homeowners. The recommendation was not frivolous; the goal was for life safety, health and welfare. a function of the governing body. Mr. Gurland said that after the last discussion regarding zoning changes to

. The recommendation was not frivolous; the goal was for life safety, health and welfare. a function of the governing body. Mr. Gurland said that after the last discussion regarding zoning changes to streamline the standby generator installation; his association was concerned about the rights of the individual homeowners. He read a written statement from his associations POA President. Mr. Klein said he would like to hear the recommendation details from the Building Department and PSE&G. Councilwoman McCartney inquired as to what were the recommendations. Mr. Grygiel said there were two simple changes; the primary objective was to enable generator installation adjacent to clubhouses or other common facilities, and but NAPLANNING. BRD\WPIMINUTES|2013\5-1-13 Minutes.doc 8

provide some direction to individual unit owners seeking to install standby generators. The recommendations included: 1. Add a definition for “emergency standby power generator"; 2. Amend the definition of “lot coverage” to exclude the land area covered by an emergency standby power generator from the calculation; 3. Amend the Table of District Regulations — Part A: Permitted Uses to list a stand-by generator as a permitted accessory use in all zones; 4. Amend Section 25-8.1a, which prohibits accessory uses from being located within any minimum required front yard or side yard, to allow an emergency standby power generator to be located in a side yard as long as it meets certain standards; 5. Add a new Section 25-8.2f to Section 25-8.2, which regulates yard encroachments, to allow an emergency standby power generator to encroach in a side yard or rear yard as long as it meets certain standards; 6. Create a new Section 25-9.11 providing location requirements and other standards for emergency standby power generators; 7. Amend Section 25-10.2 regulating Planned Residential Developments to permit emergency standby power generators within said developments and to exclude emergency standby power generators from the calculation of impervious coverage. Mr. Grygiel said that at this point, the Board needed to clarify what was required for a site plan. The Board was unable to make a determination; it was decided to continue the discussion at the next Planning Board meeting. MEETING ADJOURNED at approximately 9:58 P.M. Minutes adopted June 5, 2013 eR Robin Miller, Planning Board Secretary Township of West Orange “THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE TUESDAY JULY 9, 2013 AT 7:30 P.M. IN COUNCIL CHAMBERS** NAPLANNING. BRD\WPIMINUTES\2013\5-1-13 Minutes. doc