November 19, 2015

Steven B. Lazarus approached the podium. Mr. Williams stated that Mr. Lazarus was sworn in at the 10/15/15 meeting and will continue under oath. Ms. Beirne stated that Mr. Lazarus was previously qualified as an expert in Architecture. Mr. Lazarus presented revised architectural plans, dated 9/24/15, that were marked as Exhibit A- 12 for identification. He referred to the plans stating that the double doors in the rear of the building will be used for deliveries and the single door will be for egress only. Mr. Lazarus stated that the applicant provided additional screening for the HVAC system on the roof and that no one on the street would be able to see the unit. He said that the only one that would be able to see the HVAC unit is someone on the fourth floor in the adjacent building Mr. Williams asked Mr. Lazarus if the HVAC units could be screened any further; he replied no. Mr. Lazarus said that it is not feasible. Mr. Lazarus stated that the Township’s Fire Official will determine where to place the Knox Box that is required. Mr. Grossman asked Mr. Lazarus if there will be any cooking odors coming from through the vents of the HVAC unit; he replied no. Mr. Lazarus said that the unit has filters. There were no further questions for Mr. Lazarus from the Board Members, the Board Professionals or members of the public. Ms. Weiss stated that she thinks this is a great application but is concerned about the diner being open twenty four (24) hours with the liquor license. Mr. Williams said that liquor will not be served twenty four (24) hours. He said that the twenty four (24) hour operation is a Police regulation and is under their jurisdiction. Ms. Gabry reiterated and said that this is a police issue. Mr. Grygiel stated that the use variance is because a small section of the parking lot is ina PURD zone; he said that the restaurant itself is a permitted use. Mr. Williams summed up and asked that the Board approve this application. Ms. Gabry asked if any of the Board Members had any comments. Ms. Nash stated that she will vote to approve this application. Mr. Schwarzbaum said that he will recommend that the applicant remove the parking spaces on the west side of the property and provide landscaping in that area along with installing the silk fencing and bales of hay. He said that he is in favor of the application.

Mr. DarConte said that there was a concern expressed about the employee parking space in the rear of the building that could possibly prevent an emergency vehicle from getting through and asked if it should be removed. Ms. Gabry deferred that question to Mr. Keller. Mr. Keller said that this parking space is appropriate and should be left there because an employee can always move their car in case of an emergency. Mr. Sussman said that he is satisfied and feels that the site should continue as a diner site and it will make it an even better diner site. Ms. Weiss said that she agrees with the other Board Members. Ms. Gabry said that she feels that this is a boost to the area and made a motion to approve with the following conditions: Submit a set of plans that include Mr. Keller’s comments Install a super silt fence Trees remain except the invasive species according to Mr. Linson’s recommendations Trees along Eagle Rock Avenue replaced with low level shrubs Trees along the cliff are to be removed and the stumps are to remain Site triangle easements included Calculations of light ratio Four parking spaces along the westerly side of property will be banked and plant shrubs Knox Box included by the direction of the Fire Department Door in the rear of the building will be used for emergency egress only Handicap spaces will be constructed with one flush curb HVAC units will be screened as per the design proposed Portable ramps will be used for deliveries Mr. Keller clarified that in his review letter numbers thirteen (13) and eighteen (18) were stricken and everything else is included; tree stumps are only to remain on top of the cliff in the rear; pre-construction meeting before work begins and provide escrow. Mr. Sussman seconded the motion to approve with said conditions. The vote was as follows: DarConte: Yes Schwarzbaum: Yes Gabry: Yes Steinhart: - D. Nash: Yes Sussman: Yes Neuer: Recused Weiss: Yes Quentzel: - Chairman Buechler: - 10

Ms. Gabry called for a recess at 9:32 pm. Chairman Buechler returned to the dais and resumed as Chair. Chairman Buechler resumed the meeting at 9:32 pm. 2. ZB-15-12/Executive West, LLC Block: 80.03; Lots: 10 & 21; Zone: R-1 Ridge Road Seeking preliminary and final site plan approval with a “d” variance and bulk variances For the construction of a 36 unit townhouse development 3. ZB-15-13/Executive West, LLC Block: 82.03; Lot: 17; Zone: R-1 Ridge Road Seeking preliminary major subdivision approval with variances for the creation of two residential lots with an abutting road for egress and ingress. Robert Williams, Esq., attorney for the applicant, approached the podium. Chairman Buechler asked Mr. Williams if ZB-15-12 and ZB-15-13 are separate applications; he replied yes. Mr. Williams said that they were filed as two separate applications but they are so intertwined and he is going to present them together. He said one is dependent on the other because of the road. Chairman Buechler stated that Ms. Weiss is recused from hearing this application. Mr. Williams said that this application will go on longer than the time that they have left at this meeting and that they would like to be carried over to the December 17, 2015 regular Zoning Board meeting. Mr. Williams stated that after that they hope to get special meetings to get through these applications in a timely fashion. Chairman Buechler asked Mr. Williams how many meetings he thinks it will take to get through the applications; he said three or four nights. Vice Chairman Neuer stated that he will be out of the country on December 17" and that he would like Mr. Williams to order the transcript for him so that he can read it. Mr. Williams stated that they will provide a court stenographer if they have to. Chairman Buechler asked if the attorney for the objector has any objection with carrying this over to the 12/17/14 meeting; he replied no. Chairman Buechler stated that this application will be carried over to the regular Zoning Board meeting held on 12/17/15 and that no further notice will be necessary. 11

The meeting was adjourned by Chairman Buechler at 10:02 pm Adopted: December 17, 2015 VA Rose we Yani Board Secretary 12