September 14, 2011

There were no further questions from the Board. There were no questions from the Public Advocate. Vice Chairman Heller asked if there were any questions from the public. Thomas Kelly, 81 Seaman Road, West Orange Mr, Kelly said that he received the Notice to Adjacent Property Owners and was confused regarding the wording of the minimum number of parking spaces required by ordinance. He wanted to know if the application was adding or taking away parking spaces. Mr. Woodruff said that there were currently 324 parking spaces, Increasing or decreasing the amount of parking spaces was not proposed. The number of spaces would remain the same, There were no further questions from the public. The Board discussed the report from Township Engineer Leonard Lepore dated September 14, 2011, requesting permission from the applicant to plant trees in the riparian buffer of the Peckman River, It was agreed that the applicant would work together with the Township Engineer to comply with the spirit of the request. There were no further comments from the Board. 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. Afanother 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 vent Applicant or

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 vent 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. 4. 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. 5. The Applicant shall pay ail outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. 6. Applicant shall comply with the rules of the Council on Affordable Housing (COAH) and/or the ordinances of the Township of West Orange, including any amendinents or revisions thereto, as. the same may require the creation of low- and moderate-income restricted affordable housing as a NAPLANNING, BRD\WPULINUTES\20£ 19-14-11 Draft Attuntes,doc/10/6/20119:16:18 AM