January 7, 2015

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or escrow deposits which may be due and owing within fifteen (15) days of notification or this approval shall be deemed withdrawn.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