September 9, 2015

Aware of what the implication — it is a business decision. Ms. Keller — left with well over 25% Ms. Keller stated if the application was approved, the Applicant would be left with even more than 25% and over steep slopes; much more than the current condition of the Applicant’s property. Any future development would require variances for each steep slope over 25% where 0% improvement was permitted. Mr. Morrow said he understood. Ms. Keller said she agreed with Mr. Dwyer that a variance was not required for the soil removal permit; she opined the permit should itself be considered a variance without a site plan. She opined the Board should approve the permit application. Mr. Russo questioned if the applicant would maintain the property should it remain unmarketable after the soil removal; were there additional opportunities for landscaping. Mr. Morrow said the parcel had been maintained for 20 years at a yearly cost of approximately $3,000 to $5,000; if the parcel were to remain dormant, the landscaping would be addressed. Councilwoman McCartney questioned if from an engineering point of view the 25% steep slope to the left of the property was left undisturbed, could Mr. Morrow visualize vehicle ingress and egress for a business; Mr. Morrow said he would have to consult with an engineer. The Public had no questions for Mr. Morrow or comments on the Application. Vice Chairman Bagoff gave a brief recapitulation of the Soil Removal ordinance; he acknowledged there was a loophole; however, as written, the Board was required to hear the application. He opined the Applicant had presented enough information for the Board to make its decision. Mr. advised the Board that as a condition of approval, the Applicant should be expected to comply with all provisions of the ordinance. Mr. Molica stated the Applicant would comply with the requirements of the ordinance and additional conditions of approval as follows: 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 and issuance of the permit and prior to the commencement of any land disturbance, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof

the foregoing, prior to the signing and issuance of the permit and prior to the commencement of any land disturbance, 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. Inthe 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 5