January 2, 2013

was important to establish conditions because many witnesses for this type of Application are out-of-State experts; much of the evidence could be construed as hearsay. It was important for the owner to maintain the property. Chairman Bagoff said it was important for the Applicant to read the Ordinance; as a tenant, the Applicant should be aware of what was expected of the property owner. Mr, Dwyer advised the Board an Ordinance regarding the maintenance of telecommunication towers did not exist. The Board discussed preparing an inventory of all towers and antennas and a modified checklist. 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 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 pubiic hearing, ali exhibits introduced by the

and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the pubiic hearing, ali exhibits introduced by the Applicant, and all terms and conditions of this resolution. 5. The Applicant shall pay all 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. 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 NLPLANNING.BRDWYPMINUTES2013\1-2-2013 Draft Minutes.doc 7

effect as conditions expressly set forth in this Resolution. 7. Applicant to update the plans to show all antennas which have been approved for this tower. 8. Applicant to update the Structural Integrity Analysis to confirm that the tower can support all of the antennas which have now been approved. 9. Applicant to raise the antenna originally proposed to be located at a height of 35 feet above ground level to a height of 40 feet which will bring it within the width and footprint of the existing tower, subject to the review and approval of the Board Engineer. 10. Applicant shall comply with all of the items set forth in the review letter from Omland Engineering dated December 26, 2012. 11. Applicant shall follow all federal, state, county and local laws, statutes, ordinances, rules and regulations, and all Telecommunications Industry Association (TIA) protocols regarding the inspection, upkeep and maintenance of the tower and the site. 12. All of these conditions of approval shall be added onto the plans and construction drawings. Chairman Bagoff called for a vote on the Application. The Board voted on the Application as follows: Motion: Chairman Bagoff Second: Mr. Klein Carlucci - Eben Y Ghebremicael Y Gurland Y Heller - Klein Y Lester - McCartney - Weston Y Wilkes - Bagoff Y Chairman Bagoff announced a brief recess at approximately 9:08 P.M.; he re- convened the meeting at approximately 9:19 P.M. Chairman Bagoff noted that Mr. Russo departed the meeting at approximately 9:08 PM. PRESENTATION(S) Municipal Land Use Law - Planning Board Guidelines (Chairman Bagoff} DISCUSSION Chairman Bagoff announced the presentation regarding the MLUL-Planning Board Guidelines would be adjourned to the 2/6/12 meeting. NAPLANNING. BRD\WAMINUTES201311-2-2013 Draft Minutes.doc

Planning Board Minutes (Mr. Eben and Mr. Gurland) DISCUSSION Chairman Bagoff announced that Mr. Eben and Mr. Gurland would each have seven minutes to discuss their research findings regarding the subject of Planning Board minutes. Mr. Eben advised the Board he had written a letter to Chairman Bagoff and had done extensive research including the review of Roberts Rules of Order, Land Use Law, and contacting local Boards including Bloomfield, Belleville and Maplewood. Mr. Eben said each Board he contacted said they listed the individual names of Board members. Mr. Gurland stated that his issue was that of transparency; since the Board and members of the Public had no access to transcripts, it was important that individual members be identified in the minutes. He opined that he did not understand what the objection was to having the names of individual members listed. Mr. Weston opined that minutes must reflect Board proceedings; transcripts were a separate issue; the minutes should be concise. Mr. Weston advised the Board that in years past, the issue of minutes had been reviewed. In matters of litigation, the Board minutes did not reflect the actual official written transcript. Subsequently, minutes were policed down. Additionally, Mr. Weston said that not listing the names was more consistent with the Resolutions. Mr. Gurland said Mr. Weston was right regarding the issue of litigation. Councilwoman McCartney said that so many of the Board’s votes were unanimous; the Board had healthy discussions; it indicated that Applications were vetted out. Mr. Ghebremicael said he agreed with Mr. Weston that the minutes must be concise. Mr. Klein said that if a Board member voted no, the minutes should reflect why the member voted no; the minutes should reflect the name of the member asking a question; but also the minutes must be concise. Chairman Bagoff said it was important to describe why a vote was no; however the role of the Board was not to legislate, but rather be visionaries. Mr. Dwyer advised the Board that the Rules of Procedures of the Planning Board of the Township of West Orange, included in the duties for the Secretary listed in sub-section “d”, was to arrange to make a tape recording of the of the proceedings of each hearing of the Board in accordance with the rules and keep minutes of the proceedings of each meeting. Mr. Dwyer said that only

as to arrange to make a tape recording of the of the proceedings of each hearing of the Board in accordance with the rules and keep minutes of the proceedings of each meeting. Mr. Dwyer said that only the verbatim transcript was the legal record; for the Secretary to record voluminous minutes, there could be discrepancy from the verbatim transcript, which could affect the public’s perception. ‘NAPLANNING. BRD\WP MINUTES 2013\1-2-2013 Draft Minutesdac >

Mr. Grossman addressed the Board. He stated Ms. Dillon kept the verbatim record. If there was a difference between record and the notes, the record must take precedence. It was the charge of the Secretary to use judgment to determine what the most appropriate testimony be sited. Mr. Grossman opined it was important to identify testifying witnesses by name; and it was a good idea to indicate the name of the individual Board member who has asked a question to get a feel for what was going on during testimony; if there was a dispute regarding the testimony reflected in the minutes then the Board should be able to review the verbatim transcripts. Mr. Grossman said that sometimes, five members of the Board spoke at ance; which put the Board Secretary in an impossible situation to record all testimony. Chairman Bagoff said the Planning Board was transient; the mind of the current Board has determined individual members be identified and incorporated in future meeting minutes; however, members could not send the Secretary thirty corrections. Whole House Generators (Chairman Bagoff) DISCUSSION Chairman Bagoff advised the Board that a special meeting was held on December 13, 2012 to discuss the process of streamlining rules for natural gas generators for townhouse and condominium complexes. Meeting attendees included Geniece Gary-Adams, Zoning Official; Tom Tracey, Construction Official; Patrick Dwyer, Planning Board Attorney; Paul Grygiel, Acting Township Planner; and Everton Scott; PSE&G representative. Chairman Bagoff gave a brief summary of a lawsuit involving residents building decks at the Pointe at Crystal Lake and the decision made by the presiding Judge. Chairman Bagoff said that in essence, the Judge determined that things were not done maliciously. It was Chairman Bagoff's desire to implement a plan for the Township to move forward to help streamline the process of installing generators, and the rules regarding same. Items discussed at the meeting included places on site plans for where the generators would be allowed; setting up future meetings with Townhouse/Condo management to discuss issues related to generators; and recommending that each complex prepare a site plan. Chairman Bagoff said that the time frame to establish guidelines and contact the complexes management was two to three months. The goal of the plan was not to implement rules, but

prepare a site plan. Chairman Bagoff said that the time frame to establish guidelines and contact the complexes management was two to three months. The goal of the plan was not to implement rules, but to provide guidelines. He opined that some complexes might not want to be involved in the process; but once the guidelines had been adopted, they would be sent to the Department of Consumer Affairs. New Legislation (Patrick J. Dwyer, Esq.) DISCUSSION Mr. Dwyer advised the Board that with regard to post-hurricane Sandy, there was a NAPLANNING. BRDUYP\MINUTES 201311-2-2013 Draft Mintes.doc 10

preliminary draft of a bullet-point analysis of issues prepared by the Board of Directors of the Land Use Section of the NJ State Bar Association. Once it had been finalized, he would provide the documentation to the Board. Mr. Eben stated new legislation would most likely affect the shore area; relaxing the building process, not the code restrictions MEETING ADJOURNED at approximately 10:19 P.M. Minutes adopted February 6, 2013 “aes Robin Miller, Planning Board Secretary “*THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE MARCH 6, 2013 AT 7:30 P.M. INCOUNCIL CHAMBERS ** NAPLANNING.BRDWAMINUTES201311-2-2013 Draft Minutes.doc 1