September 10, 2013

12. Applicant to provide a sustainable material list and an exterior material list subject to the review and approval of the Board. Applicant shall consider having the roof color a lighter shade to avoid heat island effect. 13. Applicant is responsible for the perpetual maintenance obligations associated with the “daylighted” portion of the East Branch of the Rahway River on site, as well as all other property maintenance issues associated with the site improvements. 14, — Applicant to provide a listing or summary of energy efficiencies designed into the building and site improvements 15. The plans are to be reviewed and approved by the West Orange Fire Department as to the placement of hydrants and emergency access 16. — Applicant must obtain Final Site Plan Approval prior to the commencement of any site improvements shown on the preliminary site plans. Mr. Sullivan was present and appeared before the Board; he summarized previous testimony regarding the number of plantings proposed to stabilize the site. He said that when the Applicant presents the final site plan in the future, the plan would reflect a detailed landscaping plan. Mr. Eben inquired as to why Mr. Gurland could not vote on the Resolution. Mr. Dwyer said that Cox clearly states that if a member does not vote in favor of an Application, that member should not “mess” with the Resolution by casting a vote. Additionally, Mr. Dwyer said that Professor Cox did not think members should abstain from a vote. Mr. Gurland said he did believe he had participated in the process by abstaining because he felt the plans were incomplete and was concerned that his questions had not been answered sufficiently. Dr. Bagoff said in the past, the Board had been polled on specific issues so the Applicant would have an understanding of the general mind-set of the Board. The Board voted on the Resolution as follows: Motion: Chairman Heller Second: Mr. Eben Bagoff: Yes Carlucci: - Eben: Yes Ghebremicael: Absent Gurland: - Klein: Yes Lester: - McCartney: Yes Weston: Yes Wilkes: - Heller: Yes PB-13-15T/Levin Management Corporation as Agent for Owner, West Orange Plaza Block: 152.24; Lot: 1445 & 1445.05; Zone: P-C 235 Prospect Avenue Technical Site Plan for exterior fagade improvements. DISCUSSION: Vice Chairman Weston gave a brief recapitulation of the Application for exterior fagade improvements in excess of

5 Prospect Avenue Technical Site Plan for exterior fagade improvements. DISCUSSION: Vice Chairman Weston gave a brief recapitulation of the Application for exterior fagade improvements in excess of $100,000, without variances, approved by the Technical Review Committee on August 15, 2013 with one condition: (1) All brick used in the renovations will match the existing brick used by Whole Foods as best as possible. WNAPLANNING. BRO\WPIMINUTES\2013\9-10-13 Minutes.doc 3