May 1, 2013

The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Mr. Ghebremicael Carlucci: - Eben: - Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: . Wilkes II: - Bagoff: Y APPLICATION(S) PB-13-08/Dialysis Center of West Orange, LLC Block: 164; Lot: 1.03; Zone: OB-2 101 Old Short Hills Road, Ste. 120 Amended Site Plan. EXHIBITS: A-1- Drawing A1.0 — Site Plan and Project Information prepared by Christopher D. Kidd & Associates, LLC, revised pian dated 4/19/13; A-2- Drawing A2.0 — Interior Floor Plan prepared by Christopher D. Kidd & Associates, LLC, drafted 4/4/13; A-3- Drawing A3.0 — Existing Site Photos prepared by Christopher D. Kidd & Associates, LLC, drafted 4/4/13; A-4- Decibel Level Diagram, prepared by Christopher D. Kidd & Associates, LLC, dated 4130/13; A-5- Aerial Exhibit, prepared by Maser Consulting P.A., dated 4/30/13. Sandy L. Galacio, Esq., Windels Marx Lane & Mittendorf, LLP, attorney for Applicant appeared before the Board; he gave an overview of the Application for an Amended Site Plan with variances for an approximately 5,120 square feet, ten patient station outpatient dialysis clinic in an existing medical office building. The Technical Review Committee approved the technical site plan for interior improvements in March; the Board adopted the Resolution at the April meeting. The scope of work now being submitted included two new exterior door and frame assemblies within the existing window system and one new set of exterior double delivery doors within the existing frame. The new doors would be used for deliveries and emergency exits; not for public entrances, and would be secured from the exterior at all times. A new concrete sidewalk would be built to connect the new doors to the existing sidewalk. Additional work would include the installation of an emergency back-up diesel generator with a concrete pad and enclosure at the exterior of the building on the south side. The mechanical system would be separate from the existing building's central system in order to be backed-up on the emergency generator and would include five (5) new condensing units on the exterior of the building at grade as well as several fresh air intake louvers on the existing fagade. The proposal would require a bulk variance for lot coverage; and possibly another variance for the fence, which was discussed

grade as well as several fresh air intake louvers on the existing fagade. The proposal would require a bulk variance for lot coverage; and possibly another variance for the fence, which was discussed at the Technical Review meeting. Mr. Galacio read Section 254.8(d) the Ordinance requirements for fence permits, which reads, “In all non-residential districts, a fence or wall to be used for screening may not exceed six (6) feet in height. If a property owner desires to exceed the six (6) feet limitation, the property owner shall apply to the Planning Board for technical Review. Mr. Galacio said the proposed fence height was eleven feet. Answering an inquiry from Mr. Dwyer, Mr. Grygiel said he believed the fence variance was warranted. Mr. Galacio introduced his first witness; Jeff Dale, Vice President of Project Management, American Renal Associates. Mr. Dale was sworn in, presented his credentials, and was accepted by the Board to be an expert witness for the Applicant. Mr. Dale said the Application was for an end-stage renal disease treatment center. American Renal Associates owned one-hundred- thirty-one (131) centers in the United States, and would be partnering with the doctors at the NAPLANNING. BRD\WPAMINUTES|2013\5-1-13 Minuies.doc 3