October 24, 2012

TOWNSHIP OF WEST ORANGE PLANNING BOARD SPECIAL MEETING MINUTES October 24, 2012 The Township of West Orange Planning Board held a special meeting on October 24, 2012 at 7:30 P.M., in Council Chambers, 66 Main Street. Chairman Bagoff called the meeting to order at approximately 7:30 P.M. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle and posted on the Township Bulletin Board on September 28, 2012 in accordance with the requirements of the “Open Public Meetings Act”. Chairman Bagoff requested all persons in attendance stand for the Pledge of Allegiance, PRESENT: Chairman Bagoff, Joanne Carlucci, Jerome Eben, Gerald Gurland, Vice Chairman Ben Heller, Lee Klein, Councilwoman Susan McCartney, William Wilkes I]* (*Approximately 7:56 P.M.) ABSENT: Tekeste Ghebremicael, Jason Lester, Ron Weston ALSO PRESENT: Paul Grygiel, AICP, PP, Acting Township Planner Eric Keller, P.E., P.P., Omland Engineering Associates, Inc. Debbie Dillon, Audio Transcription Service, LLC Patrick Dwyer, Esq., Board Attorney Robin Miller, Board Secretary ROLL CALL Chairman Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Vice Chairman Ben Heller, Lee Klein, Jason Lester, Councilwoman Susan McCartney, Ron Weston, William Wilkes. ADOPT MINUTES Adopt ihe minutes of the October 10, 2012 Planning Board meeting, The Board voted on adopting the minutes of the October 10, 2012 meeting as follows: Motion: Chairman Bagoff Second: Mr. Eben Carlucei Y Eben N Ghebremicael - Gurland N Heller - Klein Y Lester - McCartney Y Weston- Wilkes - Bagoff Y ‘NAPLANNING. BREAWAMINUTES!2012\10-24-2012 Special Mecting Minntes.toc

ADOPT MEETING DATES Adopt 2013 Planning Board meeting dates. DISCUSSION The Board tabled adopting the 2013 Planning Board meeting dates until the November 7, 2012 meeting. ANNOUNCEMENTS The next regular Planning Board meeting will be held on November 7, 2012 in Council Chambers at 8:00 P.M. SWEARING IN Paul Grygicl, AICP, PP, Phillips Preiss Grygiel LLC, Acting Township Planner. Eric L. Keller, PE, PP, Omland Engineering, Planning and Engineering consultant engaged by the Township. RESOLUTION(S) PB-12-26T/449 West Orange, LLC Block(s): 157; Lot(s): 8.01, 8.05; Zone: B-2 449 MIL. Pleasant Avenue Technical Site Plan for architectural changes to medical offices. DISCUSSION Chairman Bagoff gave a brief description of the Application. The original Application for Technical Site Plan for medical offices was approved in March 2012; the current Application was a Technical Site Plan for architectural changes to the original plan, which included re-locating the elevator. The Technical Review Subcommittee approved the current Application on September 25, 2012 with the following conditions: 1. Amended Plan shall be provided to show galvanized steel edging and all metal materials to match, Roof shingles shall be installed to reduce Heat Island Effect. All windows shall be replaced with low “E” glass. Amended Plan shall include a detailed landscaping plan including 3” to 5’ shrubs at the base of the metal elevator shaft. 5. Amended Plan shall show proposed signage details; signage to be approved by Planning Director or Zoning Official. 6. Basement shall be used for storage only. 7 No medical procedures shall be performed on the premises. 8. The height of the elevator shaft shall not exceed ten feet (10’) over existing building height. 9. Applicant shall submit a permit package to the Building Department to secure all necessary building permits. PYON NAPLANNING. BRIVWP MINUTES 2012110-26-2012 Spectal Meeting Minutes.doc

10. Applicant shall execute, prior to issuance of Certificate of Occupancy, an Affidavit of Compliance certifying that all conditions have been met, as set forth within. Chairman Bagoff called for a vote on the Resolution. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Ms. Carlucci Carlucci Y Eben N Ghebremicael - Gurland Y Heller Y Klein Yy Lester - McCartney Y Weston- Wilkes - Bagoff Y PB-12-19/Moskovitz Family LP t/a Pleasantdale Plaza Block: 152.22; Lot(s): 1420, 1420.03; Zone: B-1 641-649 Eagle Rock Avenue/440 Pleasant Valley Way Preliminary and final amended site plan with “C” variances for improvements to an existing building with on-site parking. DISCUSSION Chairman Bagoff gave a brief recapitulation of the Application approved at the October 10, 2012 meeting. Mr. Dwyer told the Board there were minor changes to the wording in the Resolution; he listed all changes. Chairman Bagoff called for a vote on the Resolution. There was discussion by the Board regarding the proposed signage and the proposed driveway configuration. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Councilwoman McCartney Carlucci Y Eben Y Ghebremicael - Gurland Y Heller - Klein Y Lester - McCartney Y Weston - Wilkes - Bagoff Y _NAPLANNING. BRDLWPMINUTES\2012110.24.2012 Special Meeting Minutes.doc

APPLICATION(S) PB-12-22/Converge Towers, LLC Block(s): 84.01; Lot(s): 22; Zone: B-2 10 Marcella Avenue Conditional Use Site Plan to install two antennas on an existing telecommunications tower. EXHIBITS A-I — Board of photo simulations (11 photos total) depicting proposed antennas on existing tower located at 10 Marcella Avenue. A-2 ~ Board showing two photo views from site looking at neighboring site; southerly direction. DISCUSSION Richard 8. Schkolnick, Esq., attorney for Applicant, appeared before the Board. Mr. Schkolnick advised the Board the Application was for an Amended Site Plan to install two antennas to an existing tower structure; the Applicant was asking for “c” variance relief for side-yard setback duc to lack of space for appurtenant equipment inside an existing structure adjacent to the tower. The equipment would be located on an existing concrete pad measuring approximately sixty square feet; located on the property adjacent to the structure. Mr. Schkolnick introduced the Applicant’s Planner, David Karlebach, PP, PC, Mr, Karlebach was sworn in and accepted to be an expert in planning. Referring to Exhibit A-1, Mr. Karlebach advised the Board that although he did not prepare the Exhibit, he believed the photo simulations were accurate; he said the majority of the antennas depicted on the simulation had been approved, but had not yet been installed. Mr. Karlebach confirmed the number and height of the proposed antennas, one to be located at a height of 100 feet, the other at a height of 145 feet. Mr. Karlebach stated he had read and agreed with Mr. Grygiel’s report dated October 16, 2012; he said the Applicant’s engineer was present to testify regarding the soundness of the tower structure. Referring to Exhibit A-2, Mr. Karlebach described the existing conditions of the property; he testified to the proposed location and size of the appurtenant equipment. Mr. Karlebach stated that placing the equipment on the existing concrete pad was logical and would not be a detriment to the existing area. The equipment was described as cabinets approximately the size of a small refrigerator. The routing of the cabling would not be visible from the street; they would be located along the facade of the existing building structure. Mr. Schkolnick advised the Board that changes to the plan had been incorporated, per Mr. Keller’s memorandum dated

e street; they would be located along the facade of the existing building structure. Mr. Schkolnick advised the Board that changes to the plan had been incorporated, per Mr. Keller’s memorandum dated October 15, 2012. Mr. Keller stated that the photo simulations gave the Board a clear depiction of the site with the proposed antennas, including those already approved but not yet installed. The Board asked Mr. Karlebach for details regarding the existing elevations depicted in Exhibit A-1, and for clarification regarding which of the proposed antennas in the simulation were those of the Applicant. There was discussion regarding the existing conditions of the property including sidewalks, the presence of construction equipment on-site; the condition of the concrete pad; and whether any in-active equipment was currently on the structure. Mr. Grygiel and Mr. Keller advised the Board that the Applicant had satisfied all comments pursuant NA\PLANNING.BRDIVPMINUTES201210-24-2012 Spectal Meeting Minutes.dac 4

to their respective memorandums. Mr, Keller said that the American Tower Engineering Services Structural Analysis report dated August 27, 2012 confirmed that the tower was structurally sound and could support the proposed antennas. The Board acknowledged the Antenna Site RF Compliance Assessment and Report prepared by Pinnacle Telecom Group dated October 9, 2012 (revised); original report dated June 28, 2012, Mr. Schkolnick stated the Applicant would be compliant with all Federal Communications Commission (FCC) radiofrequency standards. Mr. Dwyer advised the Board that the Applicant did provide documentation proving compliance. The Board determined that testimony from the Applicant’s civil or structural engineers would not be heard. There were no questions or comments from the Public Advocate or the Public. The Board deliberated on 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 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 improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or

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 ali outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. NAPLANNING.BRDWPMINUTES\2012110-24-2012 Special Meeting Mfinutes.doe 5

6. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. 7. Applicant to provide evidence of the ownership of the site and Applicant’s authority to prosecute this application. The Board voted on the Application as follows: Motion: Chairman Bagoff Second: Vice Chairman Heller Carlucei Y Eben Y Ghebremicael - Gurland Y Heller Y Klein Y Lester - McCartney Y Weston - Wilkes Y Bagoff Y PB-12-24/Metro Networks Services c/o Lemanowicez LLP Block(s): 84.01; Lot(s): 22.01; Zone: B-2 12 Marcella Avenue Conditional Use Site Plan to instal! two (2) antenna dishes on an existing tower. EXHIBITS A-1 Copy of the Applicant’s application to the West Orange Zoning Board of Adjustment for the subject property submitted on May 31, 2012; A-2 Copy of a Letter of Authorization from the Property Owner to Applicant; A-3 Copy of Letter of Authorization from the Tower Owner to Applicant; A-4 Copy of the Structural Analysis and Report prepared by Peter E. Papay last revised July 11, 2012; A-5 Copy of the Applicant’s Federal Communications Commission Radio Station Authorization; A-6 Copy of an Electromagnetic Frequency Report prepared by Kenneth R. Foster, Ph.D., PE with a latest revision date of June 25, 2012; A-7 Copy ofa Path Loss Report for the site with a last revision date of August 8, 2012; A-8 Copy of the Professional Planning Report prepared by Seidel Planning and Design, Ltd. Dated August 24, 2012; A-9 Photographic simulations reflecting the current antenna configuration dated August 24, 2012; A-10 Site Plan and Elevation Drawings for the proposed use by Jaime Reyes, PE with a last revision date of August 9, 2012; A-11 Checklist and letter from Applicant’s attorney dated October 24, 2012. DISCUSSION Richard J. Lemanowicz, Esq,, attorney for the Applicant appeared before the Board. Mr. Lemanowicz stated the Application was for conditional use approval and waiver of site plan to install two antennas on to an existing telecommunications tower located at 12 Marcella Avenue. Brian E. Seidel, PP, Seidel Planning & Design was sworn in and accepted to be an expert in planning. Mr. Seidel advised the Board he had visited the site at 12 Marcella Avenue. Referring NAPLANNING.BRDAW PMINUTESI201210-24-2012

Planning & Design was sworn in and accepted to be an expert in planning. Mr. Seidel advised the Board he had visited the site at 12 Marcella Avenue. Referring NAPLANNING.BRDAW PMINUTESI201210-24-2012 Special Meeting Minutes.doe ‘

to Exhibit A-8, (Site Suitability Assessment prepared by Seidel Planning & Design dated August 24, 2012), he described the property site. Additionally, Mr. Seidel said he had prepared the photographic simulations reflecting the current antenna configuration dated August 24, 2012, (Exhibit A-9); he proceeded to describe the photo simulations, Mr. Seidel said the proposed antennas would measure four-foot (4”) and eight-foot (8”) in diameter and be installed at an elevation of seventy-feet (70°) and one-hundred-feet (100°). Mr. Seidel said the antennas would be low on the tower; the visual impact would be very limited; the original proposal was to install antennas at 220 feet; the lower placement would result in additional screening by the existing trees. Mr, Seidel said and there would be no clustering, Mr. Seidel also said the tower would be structurally capable to handle the antennas. The Board inquired as to the existing conditions of the site. There was concern regarding whether the existing trees would provide adequate screening. Mr. Grygiel asked Mr. Seidel to confirm the correct current height of the tower; Mr. Seidel advised the height was 295 feet. Mr. Keller said he questioned the structural capabilities of the structure. Mr. Lemanowicz said the current analysis indicated that once modified, the tower could accommodate the proposed antennas. Mr. Lemanowicz said that structural work was being done on the tower. The Board advised that a condition of approval would be that antenna dishes would not be installed unless modifications had been completed. Chairman Bagoff' requested Mr. Keller and Mr. Grygiel review the Application checklist for completeness. Mr. Keller advised the Applicant to provide a copy of the property survey. Mr. Dwyer confirmed with Mr. Lemanowicz that documentation had been provided indicating all equipment was FCC compliant. 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