PB 24 01 West Essex Highlands Inc Application and Relevant Documents

n will not be adversely affected by the Proposed Development. In that event, WEHI shall enter into an agreement pursuant to which WEHI will split the cost/maintenance for the pump station on a 300:496 ratio. If WEHI needs to utilize the pump station, no upgrades to the pump station may be performed until WEHI and Association enter into a separate agreement regarding the use of and upgrades to the pump station, which the parties will negotiate in good faith; 24, WEHI will install a guardhouse with a gate, subject to approval by the Planning Board of the Township of West Orange, to be utilized by the Association and the Proposed Development.

25. 26. 27. WEHI recognizes that the Association’s preference is to have the guardhouse located on Oval Road southeast of Oval Road’s intersection with Bongart Drive. However, WEHI and the Association recognize the existence of a Declaration of Easement and Right of Way Agreement dated January 19, 1988 (the “Easement”) recorded with the Essex County Clerk in Deed Book 5012, Page 571 between WEHI (predecessor in. interest to the lands owned by the Association), Essex Fells Country Club, and Allied Signal, Inc., which Easement is binding upon the Association. Notification of the Easement was contained in the Public Offering Statement for the Association’s condominium. Although it is not clear from the Easement as to which party or parties hold a fee simple ownership interest in Oval Road, or any portion thereof, the Easement generally provides that each party to the Easement grants to the other parties to the Easement “a permanent easement for reasonable ingress and egress on and across” all of Oval Road from Oval Road’s intersection with Eagle Rock Avenue to the border of the Township of Essex Fells. The parties recognize that it is possible that all of Oval Road is not owned by the Association. The parties further recognize that Essex Fells and West Orange also have emergency access rights over a portion of Oval Road. Notwithstanding the Easement, WEHI will attempt to obtain all necessary land use approvals for the installation of the guardhouse on Oval Road southeast of Oval Road’s intersection with Bongart Drive, the Association’s preferred location. However, if after reasonable due diligence, WEHI determines in good faith that the Easement or any other legal impediment will prevent the installation of the guardhouse on Oval Road, WEHI will notify the Association of any such impediment and meet with the Association in good faith to decide upon an alternate, mutually-agreeable location for the guardhouse, including but not limited to Warner Road (which could necessitate the installation of a gate on Bongart Drive at its intersection with Oval Road or the conversion of Bongart Drive into a cul-de- sac so as to prevent access from Oval Road via Bongart Drive). The installation of the guardhouse, no matter where the ultimate location, shall be subject to a site plan application to the Planning Board filed by WEHI with the consent of the Association. At

ve). The installation of the guardhouse, no matter where the ultimate location, shall be subject to a site plan application to the Planning Board filed by WEHI with the consent of the Association. At WEHI’s sole discretion, WEHI may choose to have the guardhouse included on its site plan application for the Proposed Development or in a separate, contemporaneously-filed application only concerning the guardhouse. WEHI shall have the Association and the Association’s management company named as additional insureds on WEHI’s Comprehensive General Liability insurance policy and on the CGL policies of any subcontractors; WEHI will indemnify the Association and the Association’s management company for any damage to Association property resulting from construction related activities; The construction of the Proposed Development will have no negative impact on the Association’s utilities, including electricity and water pressure;

28. WEHI and the Association will enter into an agreement for the monthly payment by WEHI of its portion (496/796) of shared costs for maintenance of all Shared Roads and the guardhouse as of the date set forth in No, 18, above; 29. WEHI will consult the Association, and any professionals retained by the Association, during the engineering phase of the Proposed Development, as necessary, and WEHI will simultaneously submit a complete copy of any Planning Board and any other development application and related submissions (including traffic reports and drainage reports) to the Association; 30. WEHI will abide by any regulations or ordinance regarding blasting activities on the Subject Property. WEHI agrees to provide not less than three-days’ notice for any blasting activities, which shall only take place between the hours of 10 a.m. and 2 p.m.; . WEHI will perform a balloon test on the Subject Property to demonstrate the height of the buildings of the Proposed Development. (NOTE: This test may have been performed prior to the execution of this Agreement.); 3 32. WEHI shall keep the Association fully and contemporaneously informed regarding construction activities on the Subject Property and shall utilize a website and/or social media available to the Association and its members for construction updates and communications; and 33. The Association agrees that WEHI may create and maintain an area on the Subject Property for a well-supervised dog/cat daycare and boarding facility, which amenity will be available to members of the Association, residents of the Proposed Development and members of the general public. There will be no cost to the Association for the construction of this facility. If individual members of the Association want to utilize the facility, they will do so at their own cost.

66 Main Street, West Orange, NJ 07052 PLANNING AND DEVELOPMENT JOHN F. McKEON ‘Tel: (973) 325-4110 : Mayor Fax: (973) 325-6359 SUSAN BORG A.LA, Planning Director February 7, 2005 Ronald Schimanowitz, Esq. 459 Amboy Avenue Woodbridge, NJ 07095 RE: PB-04-23/Jayber Tract Block: 166; Lot: 7.02 & 8; Zone: R-5 Northfield Avenue Seeking preliminary and final major subdivision for 15 single-family lots. Dear Mr. Schimanowitz: Enclosed is a copy of the resolution adopted at the February 2, 2005 Planning Board Meeting for the above-referenced property. In addition, an Affidavit of Compliance as referenced in the resolution is enclosed. Please complete and submit this document after completing all conditions in the resolution. Please note that eight sets of final site plans and architectural with signature blocks must be submitted to the Planning Department and signed by the Township Engineer, Board Chairman and Board Secretary, prior to the issuance of building permits. IfT may be of further assistance, please contact me at (973) 325-4108. Sincerely, ah oa Mayo Nora Myers Planning Department Enclosures CC: Russel DeSantis, Construction Official F:\PLANNING. BRD\WP\CORRESPO\2004\A ffidavit of Comliance\ZB-04-31T res.rtf TOWNSHIP OF WEST ORANGE © | 2608

PB-04-23 NORDAN REALTY/JAYBER TRACT RESOLUTION OF THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE Granting preliminary and final major subdivision approval for 16 single-family lots. WHEREAS, the Planning Board of the Township of West Orange, at meetings held on December 1, 2004 and January 5, 2005, considered the application for preliminary and final major subdivision approval and preliminary site plan approval without variances for 16 single-family lots on property located in the R-5 Zone, identified as Block 166, Lots 7.02 and 8, which was submitted by Nordan Realty Corporation (the “Applicant”), through its attorney, Ronald Shimanowitz, Esq.; and WHEREAS , the Planning Board considered the presentation of Ronald Shimanowitz, Esq., attorney for the Applicant; and heard and considered the testimony of the Applicant's Director of Development, Mark Hoffman, and heard and considered the testimony of the Applicant’s professional planner/landscape architect, John McDonough, licensed in New Jersey as a professional planner/professional architect, and qualified in both capacities by the Board; and heard and considered the

testimony of the Applicant’s engineer, Madeline Wasilas, licensed in New Jersey as a professional engineer, and ~ qualified by the Board in that capacity, and considered the proposed subdivision plans dated May 28, 2004, June 30, 2004, and July 9, 2004, all revised as December 2004, as well as questions and comments from Board members, the Board Experts, the Public Advocate, and the public as shall appear in the Board's minutes for the meetings of December 1, 2004 and January 5, 2005; and WHEREAS, a complete application has been filed, all fees required by Ordinance have been paid and it otherwise appears that the jurisdiction and powers of the Planning Board have been properly invoked and exercised; and the Board having conducted a vote on this application on January 5, 2005; and WHEREAS, the Applicant requested preliminary and final major subdivision approval without variances for 16 single- family lots; NOW, THEREFORE, does the Planning Board of the Township of West Orange make the following findings of fact and conclusions of law with regard to this application: 1. This is an application for preliminary and final major subdivision approval without variances for 16 single-family lots.

2. The Board reviewed the proposed subdivision plan._submitted tothe Board .and_ revised of December, 2004. 3. The Board has recommended and the Applicant has agreed to the following additional conditions of © approval: (1) This property shall contain a deed restriction to the effect 175 foot wide natural woodland and wetlands conservation buffer zone be maintained along the entire western border of the tract. This area shall remain as open space to be conserved as natural woodlands and/or wetlands in perpetuity (2) The Applicant shall resurface the existing dirt access road; the resurfacing material shall be compacted stone dirt. (3) Subject to the Landowner’s approval, the Applicant shall provide and pay for new water and sanitary sewer lines and connections to the home located at 777 Northfield Avenue. (4) The Applicant shall place “No Parking” signs on one side of the new road. (5) The Applicant’s engineer shall meet with the Township’s engineer and a representative from

the adjoining property at 769 Northfield Avenue to review storm water plans to deal with any runoff onto the property at 769 Northfield Avenue. (6) The Applicant. shall meet with the Township fire sub-code official to insure that there is adequate ingress and egress for fire trucks to the property located on Lot 9. (7) The Applicant shall pay off tract sanitary sewer fee at a rate consistent with other developers. (8) Soil erosion and sediment control certification, if necessary, will be obtained from the H-E-P Soil Conservation District; (9) All landscaping shall be planted in accordance with the approved landscape plan and shall be maintained in healthy and vigorous condition; all plants, shrubs, and trees that die shall be replaced with landscape materials of equal or better quality; (10) All findings of fact and conclusions of law set forth herein are deemed conditions that are binding on the Applicant; (11) Before a Temporary or Final Certificate of Occupancy/Approval can be issued, the Applicant shall submit proof to the West Orange Director of

Planning that all real estate taxes are paid and current; and (12) Before a Temporary or Final Certification of Occupancy/Approval can be issued, the Applicant shall execute and submit to the West Orange Director of Planning, an Affidavit of Compliance certifying that all conditions of approval agreed to by the Applicant and set forth herein have been fulfilled and satisfied. (13) The Applicant agrees to pay $1000.00 to digitize the entire application documentation. NOW, THEREFORE, BE IT RESOLVED that this application for preliminary and final major subdivision approval and preliminary site plan approval without variances for 16 single-family lots is approved, subject to the additional conditions set forth in this resolution. The foregoing is a true copy of the resolution adopted by the Planning Board of the Township of West Orange. Mull Nora Myers; Board Secretary Planning Board of the Township of West Orange Dated:..February 2,° 2005.