December 6, 2012

Chairman Neuer asked if any members of the public had any questions for Mr. Stewart; there were none. John Linson approached the podium and was sworn under oath. Mr. Linson stated that he is the Township Forester and detailed his educational and professional background. He said that he is acettified tree expert in the State of New Jersey. Chairman Neuer accepted Mr. Linson as a certified tree expert. Chairman Neuer referred to Exhibit B-1 and asked Mr. Linson if he composed that report; Mr. Linson replied yes. Chairman Neuer asked Mr. Linson if had any discussions with Mr. Keller or Mr. Stewart regarding the contents of his report; Mr. Linson replied yes and stated that he was pleased about some of the trees being saved. Mr. Linson said he does have some concern regarding the re-planting because there is a tendency to crowd trees closer than they should be. Chairman Neuer told Mr. Linson that whatever the Board approved prior does not change and he can only comment on what is being changed. Mr. Linson said that he sees a conflict root intrusion into the retaining wall area in 20 years if they plant the red oak trees. The Chairman asked Mr. Linson what he would recommend planting instead of the red oak trees; he said that the Pyramidal European Hornbeam would be more appropriate. Chairman Neuer asked Mr. Williams if the applicant would comply; Mr. Williams said yes. Chairman Neuer said that, as a condition, the applicant will work with Mr. Linson to identify species. Mr. Buechler asked Mr. Linson if he approved the tree removal application; Mr. Linson said yes. Mr. Buechler advised Mr. Linson that in the future to specify his approval in his reports. Mr. Bullock asked Mr. Linson why the European Hornbeam is preferable to the red oak, Mr. Linson said that the red oak has serious problems with bacteria, which is spread by insects, and the tree could die. He said that the acorns are also a problem because they can do damage to parked cars. Chairman Neuer asked if any members of the public had any questions for Mr. Linson; seeing none the Chairman asked Mr. Williams to call his next witness. Joseph Tyrone approached the podium and was sworn under oath. Mr. Tyrone detailed his educational and professional background and stated that he is a Landscape Architect licensed in the State of New Jersey. Chairman Neuer accepted Mr. Tyrone as an expert witness in the

one detailed his educational and professional background and stated that he is a Landscape Architect licensed in the State of New Jersey. Chairman Neuer accepted Mr. Tyrone as an expert witness in the field of Landscape Architecture. Mr. Williams referred to Exhibit A-7 and asked Mr. Tyrone if he prepared the Landscape Plan; Mr. Tyrone replied yes. Mr. Williams asked Mr. Tyrone if Mr, Stewart’s comments were accurate regarding Exhibit A-7; Mr. Tyrone replied yes. Mr, Williams concluded. Chairman Neuer asked Mr. Waldman to approach. Mr. Waldman asked to have prior approval condition #33 of the resolution amended. He said that he would like to have a copy of the woodland/forest management plan submitted to objector Malanga. Mr. Williams said that he [7

will provide a copy directly to Mr. Malanga when they submit and have that added into the resolution. Mr. Buechler said that he thinks that this is a bad idea and it will set a precedent. Mr. Waldman asked to have prior approval condition #45 of the resolution amended. He would like objector Malanga noticed when the pre-construction meeting is being held. Chairman Neuer asked if there were any members of the public who would like to provide testimony or commentary; seeing none the Chairman closed the public hearing. Mr. Buechler asked Mr. Williams if the revisions they are seeking include changes to the variances; Mr. Williams replied no stating the changes are just to the site plan and conditions of the prior resolution. Chairman Neuer opened the floor to the members of the Board for discussion. Ms. Weiss said that she is delighted and that the applicant did a great job. Mr. Buechler offered a resolution to approve the application to modify the site plan that was approved by this Board in 2010 and to modify certain conditions of that resolution. He said to add an extension pursuant to the applicable statute for a period of one year for the variances and noted that the extension date will be until December 16, 2013. Mr. Buechler said that the resolution should also reflect that Mr. Linson approved the revised tree removal application. He said that the conditions amended are item #7 which is satisfied, item #’s 8 and 10 to be deleted, item #12 replaced by a rain garden, item #5 no longer applicable, item #48 noting that the memorial plaque remains included but will be relocated near the field house and the resolution. will require when the events of prior conditions #33 and 45 will occur. Mr. Buechler said that he feels it is not appropriate to include Mr. Waldman’s request to have prior approval condition #33 amended to include in the resolution having a copy of the woodland/forest management plan submitted directly to objector Malanga, Chairman Neuer said that this would be included in the resolution only if the applicant agrees to it. The Chairman asked Mr. Buechler if that would satisfy; Mr. Buechler replied no because this is a Township function. Mr. Waldman accepted that agreement and that it would not be part of the resolution. Chairman Neuer added the condition to have the deed for the merger recorded and provided to the Board. within 90 days

Waldman accepted that agreement and that it would not be part of the resolution. Chairman Neuer added the condition to have the deed for the merger recorded and provided to the Board. within 90 days of December 8, 2012. Ms. Weiss seconded the motion to approve. The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: Yes Sussman: Yes Gabry: Recused Weiss: Yes Merklinger: - Zaolino: - Quentzel: Yes Chairman Neuer Yes [8]

DISCUSSION Chairman Neuer stated that the attorney for application ZB-12-18/T-Mobile Northeast, LLC & New Cingular Wireless PCS, LLC, scheduled to be heard at the December 20, 2012 meeting, is requesting a special meeting. He said the reason they are requesting a special meeting is because there is a chance that they may not be heard at the December 20th meeting due to their placement on the agenda as the sixth application. Chairman Neuer said that the Board already has two meetings scheduled in the month of January and instructed the Board Secretary to advise the attorney to show up at the meeting on December 20" so that he can personally request a special meeting. ADJOURNMENT The meeting was adjourned by Chairman Neuer at 9:23 pm December 20, 2012 Y/, [P2 Je. “ow Rose DeSena Zoning Board Secretary (9]