April 1, 2015

Mr. Williams requested the Board consider the importance of parking; he stated it was critical to the Application that the plan be approved with seven spaces. The Board deliberated on the Application. Mr. Lester stated the lighting plan should be included as a condition of approval; Vice Chairman agreed. Regarding the testimony of Mr. Kruse, Vice Chairman Weston stated the Board had been on-trend to reducing impervious coverage. He acknowledged the site was small, he suggested the Board consider the advice of the Alliance. He recommended the addition of a handicap parking space. He suggested Applicant consider ground installation of the HVAC unit; he recommended as a condition of approval there be a (designated) landscaped area along Shepard Terrace should the Applicant decide to install at a later date. Chairman Heller said that the property had the appearance of a typical suburban downtown lot; but there were significant parking challenges in the surrounding downtown corridor. Mr. Wilkes stated he was in favor of keeping the Applicant’s parking plan. Mr. Gurland confirmed the shade tree in the front of the property would remain, He said that he agreed with Messrs. Williams and McDonough concerning parking related issues for the retail use; however, he believed the proposed plan was potentially dangerous and unworkable. He recommended eliminating the three rear parking spaces. He opined the Board was considering an excessive number of conditions for approval; he recommended the Applicant first meet all conditions and return to the Board for final approval; he would not vote in favor of approving the Application at this time. Mr. Eben said initially, he was in favor of eliminating spaces; he had surveyed the area and believed there was ample off-site parking; however, he would agree to keep the three spaces. He recommended the three spaces be paved with “grasscrete” instead of back top. He voiced concern about property maintenance issues, but he did believe the owner’s testimony to the contrary and would vote in favor of approving the Application. 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

nces, 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 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 the event Applicant or its successors or assigns construct or attempt to construct any 10