August 6, 2014

Councilwoman McCartney voiced concern about the south parking configuration; she asked if there was any sort of walkway or pathway. She was also concerned about the two parking spaces on the western side of the island; could they be designated for employees only. In the area of the far northeast corner, would it be possible to wrap the evergreens to create a greater buffer. Mr. Sparone said the building would be accessed similar to a shopping center parking lot; adding an additional walkway would increase the impervious coverage. Mr. Vena said the two spaces could be for employees only. Mr. Sparone said that more trees could be added. Mr. Russo stated that currently the Application was for a medical office on the first floor and professional offices on the second floor; he inquired would it be feasible that if there were medical offices on the second floor, it would trigger a variance relief for parking. Mr. Russo inquired if it would be better to bank the parking spaces for the current Application should the need arise. Mr. Vena said the Applicant would come back to the Board should there be medical offices on the second floor; he opined the issue was de minimus. The Public has no questions for Mr. Sparone. Joseph J. Staigar, P.E., P.P., Staigar & Peregoy, LLC, was sworn in, stated his credentials, and was accepted by the Board to be an expert in engineering. Mr. Staigar said he had worked on the project with Mr. Sparone. Because the site was located on a County road, Mr. Staigar had met with the County Engineer; the County liked the idea of the two driveways being combined at one location the furthest south and away from the intersection to the north. The new configuration would provide better safety; it would be a vast improvement from the current configuration. The plan would provide better site distance; the driveway entrance landscaping would have low shrubs; there would be clear visibility throughout the entire site; the trees in the center would be limbed deciduous species from ground level to 7-ft. high. He saw no issue with the parking lot configuration and ingress/egress; it was a very simple circular flow. He opined the new plan was a greater improvement over the current conditions; creating a simple free-flow; right-in, right-out; there would be good site visibility at all corners. Traffic count would be an increase of twenty-two (22)

ter improvement over the current conditions; creating a simple free-flow; right-in, right-out; there would be good site visibility at all corners. Traffic count would be an increase of twenty-two (22) additional trips (eleven in; eleven out). The level of service would be “A” in morning, “B” in the afternoon. Mr. Lester asked if there were any more opportunities to create additional handicap parking spaces; Mr. Staigar said additional spaces could be designated; but that would be related to future demand. The proposed plan currently met the requirements. Referring the Exhibit A-2, Council President McCartney said she was still concerned about pedestrians walking from the south side parking island to the building; could a walkway be installed in the area between the trees. Mr. Staigar said slate or walking stones could be installed. The Public had no questions for Mr. Staigar. Diana L. Hoffman, ALA, Hoffman Architects, was sworn in, stated her credentials, and was accepted by the Board to be an expert in architecture. Referring to Exhibit A-4, Ms. Hoffman described the exterior rear and front elevations; she described the layout of the interior of the Care Station facility. Due to the number of examination rooms on the first floor, there was a reduction in the number of first floor windows. The building materials would create a classic clean look with stucco and stone veneer. The depicted signage conformed to the signage requirements. There would be four five-ton HVAC units; the first floor units would be located in the basement; the equipment for the second floor would be located in closets and the condensers would be located on the roof. The parapet was 4-ft. high; no equipment 8-6-14 Minutes

would be visible to the adjacent condo owners. The Fire Department connection was located in the front of the driveway; the entire building would be sprinklered; and there would be an exterior sprinkler system for the landscaping. Mr. Eben asked if there would be any exterior building mounted lighting. Ms. Hoffman said the details had not been discussed, but there would be some type of exterior lighting mounted to the building; the building signage would be backlit. There would be some sort of lighting above the entrance and there would be pathway lighting; it was still in the design stage. Mr. Gurland asked for details regarding the means of building egress; Ms. Hoffman said the egress would be from the main lobby of the building and the emergency exits. Mr. Weston said the lower level basement plan indicated it would be used for storage only; Ms. Hoffman confirmed the area was for storage only; it would not be an occupied space. Dr. Bagoff asked if the roofing material would be light-colored, and did the building have elevators. Ms. Hoffman said she had no objection to using light-colored roofing material to lessen the heat-island effect; the building would have two elevators, the elevator mechanicals would be located in the basement. She stated the building plan was entirely code compliant including the number of elevators and number of restrooms. She stated she had recently completed a project of similar size; she knew what was required to make the building code compliant. Council President McCartney asked for clarification regarding the 4-ft. roof parapet, was it just on the facade of the building or all around; and did the building have any other green features. Ms. Hoffman said the parapet would be on all four sides of the building. There were four penetrations for rainwater to be directed to the back to roof scuppers and exterior leader drains; the windows were to be energy efficient; she said the plan was to have some of the windows be operable; however, she had not gotten into that level of design detail with Dr. Bezozo. The Public had no questions for Ms. Hoffman. John McDonough, PP, was sworn in and accepted by the Board to be an expert in planning. Referring to Exhibit A-6, Mr. McDonough described the existing site conditions and the surrounding area. The existing structure was approximately forty years old and in need of upgrading; the

lanning. Referring to Exhibit A-6, Mr. McDonough described the existing site conditions and the surrounding area. The existing structure was approximately forty years old and in need of upgrading; the site had an undesirable parking arrangement. The new plan would open up the site; there would be a new enclosed dumpster area; the monument sign would be moved out of the right-of-way; there would be a new side-by-side parking configuration; and new vertical green element. Three trees were to be removed, but there would be over one-hundred new plantings. The proposed plan would improve vehicular traffic flow; create a new pedestrian walkway; and create a new single defined entrance. It was a better alternative for the property; pulling it more in to compiiance; the building would comply with height and use; the lot coverage was de minimus. He stated there was no need for a loading area; the other variance relief was for steep-slope conditions that were man-made. He opined the plan did not create any substantial detriment; he opined many of the goals of the Master Plan were advanced by the project. Mr. Gurland asked for clarification regarding the requirement for rear yard setback; Mr. McDonough said the proposal met the building and parking setback requirements; he said there was a buffer requirement, which was an existing non-conformance to the north. Mr. Gurland asked if the parapets would be high enough to hide mechanicals of a cell tower if it owner decided to have one installed. Mr. 8-6-14 Minutes

Grygiel said the Applicant would have to apply for a use variance; Mr. McDonough said the Applicant would have to appear before the Zoning Board. Dr. Bagoff asked if the man-made steep slope areas were to be graded and include new plantings, would that make a better Application; Mr. McDonough opined it would have little effect; the plan included significant new plantings; and the new parking configuration was a better plan. Dr. Bagoff asked if a storm water management system was in place; Mr. McDonough said the storm water system was sub- surface. Mr. Grygiel asked if the impervious coverage variance relief would increase slightly due to the walkway; Mr. McDonough said it might increase it to .002%, but it would be still de minimus. The Public had no questions for Mr. McDonough. Mr. Vena said there was no further testimony; he gave a brief recapitulation of the Application and the requested variance relief. The Public had no comments regarding the Application. The Board deliberated on the Application and discussed conditions for approval with Mr. Dwyer and Mr. Vena. Conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvais. 2. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. 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

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. 4. 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 ali terms and conditions of this resolution. 5. 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 8-6-14 Minutes

45. 16. 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. Applicant to comply with the comments in the review letter from Eric Keller, PE, PP dated July 28, 2014 and Paul Grygiel, PP dated July 25, 2014, Applicant shall install a light colored roof on the new building. Applicant to revise the site plan to include two islands in the parking lot and a pathway through for pedestrian access to the building. Applicant to include additional trees in the northeast portion of the Premises of the size, type and location to be approved by the Board Planner. All conditions of approval shall be recited on the plans. Applicant to comply with any affordable housing obligations resulting from this approval. Applicant to provide an Engineer’s Estimate of the proposed improvements for purposes of engineering inspection escrow. Per Omland Engineering review letter dated July 17, 2014 #13 the West Orange Fire Department shall review and approve the fire zone striping, sprinkler shut off and fire department connection signage and lighting. Applicant to maintain the 9 strip of land adjacent to Prospect Avenue and the new sidewalk being installed. Applicant to designate two (2) spaces in the western end of the parking island and two(2) spaces in the eastern end for employee use only, subject to the review and approval of the Board Engineer. The Board voted on the Application as follows: Chairman Heller Mr. Ghebremicael Ye! ow Carlucci: Absent | Eben: Yes | Ghebremicael: Yes Gurland: No | Klein: Absent | Lester: Yes | McCartney: Yes Weston: Yes | Wilkes: Absent | Heller: Yes Chairman Heller announced a brief recess at approximately 9:37 P.M.; he reconvened the meeting at approximately 9:46 P.M. 8-6-14 Minutes

PB-14-11/NxStage Newark LLC Block: 176.03; Lot: 14; Zone: B-1 445 Pleasant Valley Way Preliminary and Final Site Plan with “c” Variance. EXHIBITS A-1: Photo Rendering of Proposed Signage, prepared by North American Signs Inc., dated March 26, 2014, DISCUSSION Richard C. Stewart, Esq., Lasser Hochman, LLC, attorney for the Applicant, stated the Application was for minor improvements to property located at 445 Pleasant Valley Way for the intended use of a dialysis center; the Applicant was requesting one variance for parking; thirty-one (31) spaces were required; twenty-nine (29) existed; thirty (30) were proposed. Christopher D. Kidd, RA, Christopher Kidd & Associates, LLC, was sworn in, stated his credentials. Mr. Eben advised Mr. Kidd that it was his opinion that the plans he prepared were in violation of the rules of the New Jersey State Board of Architects; the Title Block should fist his New Jersey License number and his Certificate of Authorization number; the plans were missing sixteen items including an area map and key map signature box. In response to inquiry from Chairman Heller, Mr. Dwyer stated that Mr. Kidd was an architect licensed in the State of New Jersey; the Board accepted Mr. Kidd to be an expert witness in architecture. Mr. Kidd said the proposed project was to renovate an existing building located at 445 Pleasant Valley Way; the building had previously been used as a restaurant, a video store, and a liquor store; it was presently vacant; the building was approximately 6,248 sq. ft. The proposal was to make interior and exterior improvements for an outpatient ambulatory dialysis center. The improvements would include a total gut renovation of the building and parking lot upgrades. Parking lot improvements would include patching, resurfacing, adding two trench drains to the rear of the property for proper drainage, widening the sidewalks at the building entry and rear of the building, adding a small retaining wall to the rear of property, relocating the handicap parking spaces and restriping the parking lot to accommodate a total of thirty parking spaces. The parking ordinance required thirty-one parking spaces; the Applicant was requesting variance relief for one space. Building improvements would include replacing the windows, updating the roof and mechanical systems, screening the roof mechanicals, plumbing and electrical

s requesting variance relief for one space. Building improvements would include replacing the windows, updating the roof and mechanical systems, screening the roof mechanicals, plumbing and electrical systems, and replacing existing interior lighting. The existing exterior lighting and sign structure would be reused with a new insert. The facility would have three home training rooms and six in-center stations, including an isolation station. The services provided would include home hemodialysis training, peritonea! dialysis training, nutritional support and psychosocial support. The staff would include a Center Director, two full time registered nurses, one full time patient care technician, one full time administrative assistant, one part time dietician and one part time social worker. The hours of operation would be Monday through Saturday, 8:00A.M. to 4:30 P.M. The project cost was approximately $1,300,000. Mr. Kidd said he had received memorandums from Mr. Grygiel and Mr. Keller, Omland Engineering; he said the comments and recommendations made by the Township professionals had been addressed, which included details regarding the proposed emergency generator and the various improvements required within the Pleasant Valley Way right of way. 10 8-6-14 Minutes

Council President McCartney asked for details regarding the exterior freestanding sign; referring to Exhibit A-1, Mr. Kidd described the proposed signage. Mr. Grygiel said the existing freestanding sign could be reused by the Applicant; the Technical Review Committee had requested sign details be submitted to the Board for review for esthetic purposes; the height and dimensions of the sign would not change. Dr. Bagoff said he had visited the site and noted the gate surrounding the dumpster enclosure was damaged; there was no dumpster in the enclosure. Mr. Kidd said the gate would be replaced and a dumpster put in place, Dr. Bagoff said there was a ladder leading to the roof that had a safety screen partially pulled away; Mr. Kidd said it would be repaired. Dr. Bagoff said there were currently two ADA parking spaces; Mr. Kidd said a third would be added that would be van accessible. Dr. Bagoff said there was a cigarette stand in the front of the building; Mr. Kidd said the stand would be removed. Dr. Bagoff said there were wood (railroad) ties that were rotting in the front of the building; Mr. Kidd said the wood ties would be replaced, and all new landscaping would be installed. Dr. Bagoff asked about the condition of the parking lot. Mr. Kidd said the lot would be resurfaced and striped; the fire lane would be marked. In response to questions from Dr. Bagoff; Mr. Kidd confirmed that an exterior lighting plan would be submitted and the emergency back-up generator would meet State regulations; he said the generator specifications had already been submitted as part of the application package; the exterior roof would be patched; the interior ceiling would be a drop ceiling. Chairman Heller stated that Mr. Kidd testified that a new landscaping plan would be submitted to the Acting Township Planner; he requested it be so noted as a condition of approval. Vice Chairman Weston requested that the metal roof screening compliment the rest of the building; Mr. Kidd said the plan was to have the screening color match the rest of the building; the existing building would be repainted; there were many different finishes on the building, the idea was to paint the building monolithically. Mr. Eben stated the storefront windows were to be replaced; the bottom half was an opaque panel, not glass. Mr. Kidd answered in the affirmative; he said the floor plan indicated