January 7, 2015

Kevin Kruse, Downtown West Orange Alliance, asked if the Applicant would consider painting a mural on the south wall of the building; Mr. Ricci opined he liked the idea of a mural but the location would be adjacent to a residential property, not in a commercial zone. Mr. Kruse asked Mr. Ricci to detail the lighting plan for the rear of the property; Mr. Wyciskala advised Mr. Marucci would testify regarding lighting. Anthony Marucci, PE, PP, Marucci Engineering Associates, LLC, was sworn in, and accepted by the Board to be an expert in engineering and planning. Referring to Exhibit A-1, Mr. Marucci advised the Board his office prepared the Applicant's site plan and survey. He described the existing property conditions which included a smal! building located to the north and larger building to the south, the area between the buildings was paved 100% impervious coverage. The property was currently vacant; access to the rear would be through a licensing agreement with the property owner of the adjacent buildings on Northfield Avenue. The proposal would allow for four on-site employee parking spaces and a dumpster area; the other rear improvement would be building mounted security lighting for the parking area; a variance was required for parking; twenty-seven (27) spaces required, four (4) proposed. Mr. Marucci stated a Municipal Lot with eighty five (85) spaces was located across the street on Valley Road; he opined that from a planning perspective the parking variance could be granted under a c(1) or c(2) criteria. Mr. Marucci briefly discussed the other pre-existing variance conditions that would remain unchanged including maximum building coverage, lot coverage, sidewalk, and curbing; and additional to parking the other new variances would require aisle width and sign height as described by Mr. Ricci. Mr. Marucci stated the Applicant would comply with recommendations of the WOPD Traffic memo (12/18/14) regarding tractor-trailer deliveries; he did not recommend a mid-block crosswalk at the location; it would be located only 135 feet from the intersection of Valley Road and Northfield Avenue. Mr. Marucci stated the Applicant would comply with the recommendation of the DWOA memo (12/29/14), to purchase two parking permits, and install new concrete sidewalk and curbing. In response to inquiry from Mr. Wyciskala, Mr. Marucci confirmed the schedule and

mendation of the DWOA memo (12/29/14), to purchase two parking permits, and install new concrete sidewalk and curbing. In response to inquiry from Mr. Wyciskala, Mr. Marucci confirmed the schedule and approximate idling time for tractor-trailer deliveries, and the lighting details. Councilwoman McCartney said she was concerned the rear parking/dumpster area would be too small for a garbage truck to access; Mr. Marucci said it would not be a problem; there was currently collection for the small restaurant; garbage pick-up was early morning prior to heavy traffic. In response to questions from Dr. Bagoff, Mr, Marucci confirmed the dumpster area would be screened, garbage collection schedule was thrice weekly — but if the Health Department deemed it an issue, collection would increase, and there would be bulk recycling. Dr. Bagoff requested clarification on the signage variance, and asked for details regarding the number of available parking spaces in the municipal lot during the day; Mr. Marucci said the signage would be under the c(2) criteria; he stated he had visited the parking lot on numerous occasions and had never observed the lot full. Mr. Eben asked if the Applicant would comply with the recommendation of the DWOA memo (12/29/14) regarding the concrete sidewalk and curbing along Valley Road; Mr. Marucci answered in the affirmative. Chairman Heller requested the tree wells be 4 ft. by 4 ft. and the plantings be anything but pear trees. Referring to his 1/2/15 review memo, comment #2, Mr. Russo asked who would be using the rear parking area and how often would it be used; Mr. Marucci said it would be used by the full-time employees, it would have very little action during the day in terms of cars entering or exiting. Mr.

Russo stated he would not want the rear area used for Domino delivery vehicles; it was too tight a Space. Harvey Grossman, Esq., Public Advocate, asked for clarification regarding the configuration of the rear parking area, dumpster location and garbage collection. Kevin Kruse, Downtown West Orange Alliance, asked for clarification regarding the rear parking area, and if there was a curb cut in front of the property for access if parking across the street in the municipal lot. Mr. Marucci said there was not a curb cut; there was not enough space. There was no further testimony from the Applicant. Mr. Eben opined the project was a long overdue renovation. Mr. Eben said it was a long overdue renovation. End as many empty storefronts as possible. Kevin Kruse, Downtown West Orange Alliance, stated the purpose of the Alliance was to help the Applicant be successful and to ensure the integrity of the corridor. The Alliance was skeptical regarding the testimony that delivery vehicles would use the municipal parking lot instead of idling in front of store on Valley Road. Judy Prophete, 337 Valley Road, said she was concerned about privacy to the rear of the property; would there be plantings and fence improvements, she asked if there would be noise from the venting, would there be odors from the food exhaust, and would the lighting be an issue at night. Mr. Ricci said he would like to meet with Ms. Prophete to discuss her concerns; he said that there are very strict mechanical and health code requirements; the exhaust would not be on the side of the building adjacent to her property; the security lighting in the rear would be shielded, it would not affect her property. Mr. Marucci said the existing fence would be replaced with a new 6 ft. white PVC privacy fence. 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 approvals. 2. If another governmental entity or agency grants a

tion, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 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.

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 fifteen (15) 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 letters from Frank Russo, PE dated January 2, 2015 except for comment #3 regarding installing a crosswalk across Valley Road. . Applicant shall also: {i) Install two tree wells measuring 3 1/2’ x 5’ in front of the building and install (not pear) trees in them; (ii) Install control joints and expansion joints on the new sidewalks in front; (ii) Restrict use of the four parking spaces in the rear to store employees other than deliverymen; (iv) Rear lighting will be turned off one hour after closing; (v) Show ground mounted HVAC on plans; {vi) Comply with all odor regulations, and vent the kitchen exhaust at least 10’ away from the property line; (vii) Replace the existing chain link fence with a 6” white PVC privacy fence; (vii) Have a maximum of two tractor trailer deliveries per week; 9. Applicant to comply with the conditions in the Memo from the West Orange

sting chain link fence with a 6” white PVC privacy fence; (vii) Have a maximum of two tractor trailer deliveries per week; 9. Applicant to comply with the conditions in the Memo from the West Orange Police Department Traffic Bureau dated December 18, 2014 except not install a crosswalk in front of the Premises, The conditions to be complied with are: (i) Tractor trailer delivery trucks shall park facing northbound on Valley Road along the curb line adjacent to the municipal lot; (ii) The hours for delivery shall be after 8:00 p.m. and before 6:00 a.m.; (iii} Vehicles to comply with all local and State noise and idling regulations; 10

10. Applicant to comply with the comments in the Downtown West Orange Alliance letter dated December 29, 2014, except not install foundation plantings or gooseneck light fixtures. The conditions to be complied with are: {i) Purchase two (2) parking permits for the municipal parking lot across the street; {ii) Install new sidewalk in front of the premises utilizing expansion and control joints and run out vents subject to the review and approval of the Board’s Consulting Engineer; (iii) Install new commercial grade gutters and leaders; (iv) Wrap the brick on the front fagade around the left side of the building a distance of 4; {v) The parapet wall shall be beige in color; {vi) Install a wall mounted light at the rear of the building, which light shall be shielded so as not to spillover onto the adjacent property; 11. Applicant to comply with any affordable housing obligations and/or contributions 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: Absent Gurland: Yes Klein: - Lester: Absent | McCartney: Yes Weston: __ Absent | Wilkes: Absent | Heller: Yes Chairman Heller announced a brief recess at approximately 9:40 P.M.; he reconvened the meeting at approximately 9:48 P.M. Mr. Klein returned to the dais at approximately 9:48 P.M. DISCUSSIONS Recommendations for Potential Changes to Incorporate Sustainability Measures in Zoning and Application Procedures. DISCUSSION Mr. Grygiel gave a brief recapitulation of his memorandum dated December 17, 2014 regarding potential changes to the Township’s development regulations to incorporate sustainability measures in the application review process. One method would be to incorporate a checklist to allow an applicant the opportunity to consider incorporating the measures into their project design. Compliance would not be mandatory; however, the applicant would be required to state the reason why the measure would not be in to the project design. 11

Mr. Russo gave a brief recapitulation of excerpts of sustainability measures other municipalities had recently adopted. Mr. Russo advised the Board the sustainability initiatives were briefly discussed at the December 18, 2014 Technical Review meeting; he opined the matter would need further input from the Township officials including Engineering, Construction and Zoning Enforcement. The Board determined to review Mr. Grygiel’s memo and continue the discussion at the February 4, 2015 regular meeting. MEETING ADJOURNED at approximately 10:20 P.M. Minutes adopted May 6, 2015 “3 Robin Miller, Planning Board Secretary Township of West Orange THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE WEDNESDAY JUNE 3, 2015 AT 7:30 P.M. IN COUNCIL CHAMBERS 12