August 6, 2014

ding 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 cabinetry along the interior wall to encase the piping for the dialysis stations. The window panels were to provide screening for patient stations. Mr. Eben requested a sample board for exterior colors be provided; Mr. Kidd agreed to the request. Mr. Eben said the plan indicated a fireplace; what was its purpose. Mr. Kidd said there would be a flat-screen television in the reception area; a faux fireplace would be located under the television. The Public had no questions for Mr. Kidd. Sunny Uberoi, representative of property owner, 445 Realty Management LLC, was sworn in. In response to question from Mr. Eben, Mr. Ubergi said he had owned the property since December 2012. Mr. Eben asked why the property was not maintained. Chairman Heller said the inquiry was not relevant to the Application. The Public had no questions for Mr. Uberoi. There was no further testimony; the Board deliberated on the Application. Mr. Dwyer said the West Orange Police had issued a memorandum dated August 6, 2014 recommending Applicant to replace the “No Left Turn” sign be added as a condition of approval; Mr. Dwyer read the memorandum. 41 8-6-14 Minutes

Conditions: 1. 10. 11. 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 approvals. 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 shal! have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 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 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 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

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 letters from Eric Keller, PE, PP dated July 28, 2014 and Paul Grygiel, AICP dated July 25, 2014. All of the attachments to the letter from Christopher Kidd & Associates, LLC to Eric Keller dated July 31, 2014 shall be noted on the plans. Applicant to submit a Lighting Plan for the review and approval of the Board Planner. Applicant to submit sample for the band of colors and materials for the signage and roof materials for review and approval of the Board Planner. Applicant to replace the “No Left Turn” sign at the driveway exit with a similar but new sign per the Memo from the West Orange Police Department Traffic Safety Division dated August 6, 2014. a2 8-6-14 Minutes

12. Applicant to include License Number and Certificate of Authorization information on the architectural plans as required. 13. All conditions of approval shall be recited on the plans. 14. Applicant to comply with any affordable housing obligations resulting from this approval. The Board voted on the Application as follows: Motion: Dr. Bagoff Second: Chairman Heller Bagoff: Yes | Carlucci: Absent | Eben: Yes | Ghebremicael: Yes Gurland: Yes | Klein: Absent | Lester: Yes | McCartney: Yes Weston: Yes | Wilkes: Absent | Heller: Yes DISCUSSION Technical Review Subcommittee Ordinance and Application Process Carried from the July 2, 2014 regular meeting. Mr. Grygiel gave a brief recapitulation of the items discussed at the April 2, 2014 and May 7, 2014 meetings regarding proposed changes to the Technical Review Application process including replacing the existing Technical Review Advisory Committee with a Site Plan Review Advisory Board as permitted by the Municipal Land Use Law; providing standards for when site plan approval is required; defining “major” and “minor” site plans; and requiring technical review of all major site plan applications for both the Planning Board and Zoning Board. There was agreement that tenants should not be required to appear before the Technical Review Committee for changes in tenancy for permitted use businesses. He said the original intent of the Review Committee was to assist new business owners, but over time, the process had become counter-productive. Mr. Grygiel said the next step was for the Board to determine if there should be a new ordinance or ordinance amendment for the (Township) Council to consider. The Board discussed changing the process to eliminate the need for small a “Mom & Pop” tenant to appear before the Technical Review Committee; a change of use should not necessitate Technical Review if the business was a permitted use; and the Zoning Official had determined the business would not trigger (i.e.) the need for additional parking spaces or other zoning requirements. The Board agreed that in lieu of Technical Review, it was important to provide tenants with information to understand what was required to open a business in the Township. A “flowchart” document or more detailed Planning Department checklist should be prepared to help guide potential business owners through the Township review process in

open a business in the Township. A “flowchart” document or more detailed Planning Department checklist should be prepared to help guide potential business owners through the Township review process in place of the current application process. It was determined the Board should draft a recommendation to Council to do away with the existing Technical Advisory Committee. Mr. Grygiel said the triggers for site plan review should be more quantifiable; eliminate the $100,000.00 threshold for one thing; and clearly define a major site plan and minor site plan. Mr. Grygiel said the prelude for full site plan review would be Site Plan Review Advisory Committee to vet applications prior to hearing before both Boards, Planning and Zoning. The Chairman requested the Secretary assist Mr. Grygiel in drafting a graphic flowchart for information regarding opening a business in the Township; once a draft had been created other Departments including Building, Health, Zoning, and the Downtown Alliance would be consulted for their input. 13 8-6-14 Minutes

The Board requested Mr. Grygiel draft a recommendation for Council to revise the Technical Review Advisory Committee ordinance to be reviewed at the next regular meeting. Additionally, Dr. Bagoff recommended the Site Plan/Subdivision checklist be amended to include the item Architect Title Block Requirements to include New Jersey License Number and Certificate of Authorization Number. The Board determined a visual example of a proper Title Block be included in the Application package. MEETING ADJOURNED ai approximately 10:43 P.M. Minutes adopted October 1, 2014 Robin Miller, Planning Board Secretary Township of West Orange THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE WEDNESDAY NOVEMBER 5, 2014 AT 7:30 P.M. IN COUNCIL CHAMBERS 8-6-14 Minutes 14