August 6, 2014

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