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or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn.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