July 9, 2013

TOWNSHIP OF WEST ORANGE PLANNING BOARD MINUTES July 9, 2013 The Township of West Orange Planning Board held a regular meeting on July 9, 2013 at 7:30 P.M. in Council Chambers, 66 Main Street, West Orange, New Jersey. 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, and posted on the Township Bulletin Board on December 6 2012, in accordance with the requirements of the “Open Public Meetings Act”. PRESENT: Chairman Bagoff, Tekeste Ghebremicael, Gerald Gurland, Vice Chairman Ben Heller, Lee Klein, Council President Susan McCartney, Ron Weston ABSENT: Joanne Carlucci, Jerome Eben, Jason Lester, William Wilkes II ALSO PRESENT: Paul Grygiel, AICP, PP, Acting Township Planner; Patrick J. Frank Russo, PE, PP, Omland Engineering Associates, Inc., Dwyer, Esq., Board Attorney; Robin Miller, Board Secretary; Debbie Dillon, Audio-Digital Transcription Service PLEDGE OF ALLEGIANCE Chairman Bagoff requested all persons stand for the Pledge of Allegiance. ROLL CALL Chairman Robert Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Vice Chairman Ben Heller, Lee Klein, Jason Lester, Councilwoman Susan McCartney, Ron Weston, Williams Wilkes II. ANNOUNCEMENTS The next regular Planning Board meeting will be held on August 7, 2013 at 7:30 P.M. in Council Chambers. Chairman Bagoff announced that the Mayor had re-appointed the following members to the Planning Board: Jason Lester (term to expire June 30, 2014); Lee Klein (term to expire June 30, 2015); Joanne Carlucci (term to expire June 30, 2014); and Ben Heller (term to expire June 30, 2017). ADOPT MINUTES The minutes of the June 5, 2013 Planning Board meeting were adopted unanimously. NAPLANNING. BRO\WP\MINUTES\201317-9-13 Minutes.doc 4

SWEARING IN OF PROFESSIONALS Paul Grygiel, AICP, PP, Phillips Preiss Grygiel LLC, Acting Township Planner. Frank Russo, PE, PP, Omland Engineering Associates, Inc. ADDRESS FROM CHAIRMAN Chairman Robert Bagoff DISCUSSION: Chairman Bagoff thanked the members of the Board, the Board attorney, Township professionals, Board advisors, the Township administration and elected officials for their assistance during his tenure. He said that during the past two years, fifty-nine (59) applications had been heard by the Board, with an additional dozen informational presentations. He included in his discussion a brief history of planning through the centuries and cited several important legislative decisions that helped shape the status of Planning and Zoning in contemporary United States. He concluded his address by stating he was honored to have served as Chairman; and thanked Vice Chairman Heller for his input, thoughtful analysis and advice; he closed by saying he was proud to nominate Mr. Heller as Planning Board Chairman. ANNUAL REORGANIZATION Appoint Chairman Appoint Vice-Chairman Appoint Transcription Service Appoint Board Attorney Appoint Board Secretary DISCUSSION: Appoint Chairman: Ben Heller. The Board voted on the appointment as follows: Motion: Chairman Bagoff Second: Council President McCartney Carlucci: Absent Eben: Absent Ghebremicael: Yes Gurland: Yes Heller: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Bagoff: Yes Appoint Vice-Chairman: Ron Weston The Board voted on the appointment as follows: Motion: Chairman Heller Second: Dr. Bagoff Bagoff: Yes Carlucci: Absent Eben: Absent Ghebremicael: Yes Gurland: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Yes NAPLANNING. BRD\WP\MINUTES\2013\7-9-13 Minutes.doc 2

Appoint Board Transcription Service: Audio-Digital Transcription Service. The Board voted on the appointment as follows: Motion: Chairman Heller Second: Mr. Ghebremicael Bagoff: Yes Carlucci: Absent Eben: Absent Ghebremicael: Yes Gurland: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Yes Appoint Board Attorney: Patrick Dwyer, Esq. The Board voted on the appointment as follows: Motion: Chairman Heller Second: Dr. Bagoff Bagoff: Yes Carlucci: Absent Eben: Absent Ghebremicael: Yes Gurland: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Yes Appoint Planning Board Secretary: Robin Miller. Motion: Chairman Heller Second: Dr. Bagoff Bagoff: Yes Carlucci: Absent Eben: Absent Ghebremicael: Yes Gurland: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Yes Chairman Heller advised the Board that Vice Chairman Weston would be chairing the Technical Review Sub Committee on behalf of the Board. RESOLUTION(S) PB-13-09/Bow and Arrow Manor, Incorporated Block: 151; Lots: 17.01, 15.03; Zone: B-2 111 Prospect Avenue Preliminary and Final Site Plan without variances to add a second story addition and enclosed connector to the a la carte dining room. DISCUSSION: Mr. Dwyer gave a recapitulation of the Resolution; he advised the Board of minor revisions to the certain wording based on comments from Robert C. Williams, Esq., attorney for Applicant. Mr. Dwyer read the revisions to the Board. The Board voted on the Resolution as follows Motion: Chairman Heller Second: Council President McCartney Bagoff: Yes Carlucci: Absent Eben: Absent Ghebremicael: - Gurland: Yes Klein: = Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Yes NAPLANNING. BRD\WP\MINUTES\20131\7-9-13 Minutes.doc 3

PB-13-11T/PTSD Yogurt LLC t/a Fro Yo Lish Block: 152.22; Lot: 1420.02; Zone: B-1 450 Pleasant Valley Way Technical Site Plan for interior renovations to leased retail space for a frozen yogurt shop. DISCUSSION: Dr. Bagoff gave a brief recapitulation of the Application approved by the Technical Review Sub Committee at the June 13, 2013 meeting; at his request, the Secretary read the conditions of approval. Mr. Gurland inquired if the Applicant's architect had provided a valid Certificate of Authorization; the Secretary advised the Board that the document had been submitted. The Board voted on the Resolution as follows: Motion: Dr. Bagoff Second: Chairman Heller Bagoff: Yes Carlucci: Absent Eben: Absent Ghebremicael: Yes Gurland: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes Absent Heller: Yes PB-13-14T/Chipotle Mexican Grill of Colorado, LLC Block: 152.24; Lot: 1455; Zone: P-C 235 Prospect Avenue Technical Site Plan for interior renovations to leased retail space for restaurant. DISCUSSION: Dr. Bagoff gave a brief recapitulation of the Application approved with conditions by the Technical Review Sub Committee at the June 13, 2013 meeting. He read the conditions to the Board. Mr. Gurland said he was missing Sheet A2.02 from his copy of the site plan. The Secretary noted the omission and said she would provide Mr. Gurland with a copy of the missing document. The Board voted on the Resolution as follows: Motion: Dr. Bagoff Second: Chairman Heller Bagoff: Yes Carlucci: Absent Eben Absent Ghebremicael Yes Gurland: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Yes NAPLANNING. BRD\WP\MINUTES\2013\7-9-13 Minutes.doc 4

APPLICATION(S) PB-13-12/Communication Infrastructure Corporation Block: 84.01; Lot: 22; Zone: B-2 10 Marcella Avenue Conditional Use Application with waivers to install antennas on to existing tower. EXHIBITS: A-1- Site Plan prepared by Powder River Development Services, LLC date revised 3/20/13 (5 pages; Title Sheet-No. T-1; Site Plan-No. Z-1; Elevation-No. Z-2; Microwave Details-No. Z-3; Site Details-No. Z-4): A-2- Photo Simulation #1, Site Content Aerial (two sheets) dated 1/14/2013 prepared by Seidel Planning & Design. A-3- Structural Analysis Review Letter prepared by Peter Jernigan, P.E., Tower Engineering Professionals, dated July 9, 2013 DISCUSSION: James K. Pryor, Esq., attorney for Applicant introduced the Application for the installation of two microwave antennas and ancillary equipment on to an existing tower. He advised the Board that Andrew Haldane, PE, Tower Engineering Services, an expert in structural engineering, (who had previously appeared before the Board) had been scheduled to testify; but was unable to attend due to a family emergency. Mr. Pryor presented a Structural Analysis Review Letter prepared by Peter G. Jernigan, Jr., (Exhibit A-3). Mr. Pryor told the Board that Mr. Jernigan was on his way to the meeting: he was flying in from North Carolina and had encountered flight delays. Mr. Pryor said that although his structural engineering expert was not present, his other experts (Radio Frequency; Planning and FCC Compliance), were present and could testify. Chairman Heller determined Mr. Pryor could begin testimony. Mr. Luck Jim Bruno, PM Engineer, Communication Infrastructure Corporation, was sworn in, stated his credentials and was accepted by the Board to be an expert in radio frequency. Mr. Pryor noted that radio frequency engineers were not required to be licensed in the State of New Jersey. Mr. Bruno told the Board he had designed over two-thousand network systems. He said the business of Communication Infrastructure Corporation (“CIC”), was to be develop links between transmission towers. The Company built links between data centers using microwave technology; the links were important due to the telecommunication industry experiencing service interruptions with their fiber optic lines; a result of (the) recent (East Coast) earthquake. Referring to his CIC Radio Frequency Report for West Orange (dated June 24, 2013),

ry experiencing service interruptions with their fiber optic lines; a result of (the) recent (East Coast) earthquake. Referring to his CIC Radio Frequency Report for West Orange (dated June 24, 2013), Mr. Bruno said the system map showed how West Orange fitted in to the design of the network system; the link for this project would be from Secaucus, New Jersey to West Orange and then to Randolph, New Jersey. The advantage of the West Orange location was that the equipment could be collocated on to an existing structure; building a new structure for the system would not be necessary. Council President McCartney asked if Mr. Bruno knew the current condition of the tower. Mr. Bruno said that per Mr. Haldane, recent repair work had been done on the structure NAPLANNING.BRD\WP\MINUTES|201317-9-13 Minutes.doc

Dr. Bagoff said that a condition of approval should include that all existing FCC rules and regulations would be followed. Mr. Weston asked if the radio frequency emission from the antennas on the structure impacted the surrounding community. Mr. Bruno said the emission was minimal Mr. Gurland asked if the Omland memo dated July 5, 2013 pertained to the current Application because it was identified as “Application No. PB-12-11", not “PB-13-12”. It was determined to be a typographical error and should have been identified as “PB-13- 12”, not the previous CIC “PB-12-11” Application. Mr. Gurland inquired if the structure was made of stainless steel; he wanted to know if the different types of antennas operated by several different companies would interfere with one another. Mr. Bruno said that at some point it could happen but not with the current or proposed installations; the antennas operated on separate frequencies. Mr. Grygiel asked if the approved CIC antennas from the prior Application had been installed. Mr. Bruno said he believed the work had been completed. Gary Clower, PE, Powder River Development Services, LLC, was sworn in, stated his credentials and accepted to be an expert witness in civil engineering. Mr. Clower described the property site conditions and the proposed microwave antennas; he discussed how the antennas would be mounted to the tower. The equipment was industry standard in design which was all regulated by Telecommunication Industry Association (TIA) Code. He said all required construction documents would be supplied to the Building Department. Referring to the Omland Engineering report dated July 5, 2013; he indicated that no additional space would be needed to house the ancillary equipment; it would be located with the equipment already in place from the prior application. Additionally, as discussed at the Technical Review Committee, a survey had been completed and would be submitted to the Planning Board. Mr. Weston noted the site plans were titled TRF Services, LLC; he asked if the improvements were for this application. Mr. Pryor said the site plan indicated the applicant was Communication Infrastructure Corporation; CIC was doing the work on behalf of TRF Services, LLC. Mr. Bruno was recalled to explain that TRF had hired CIC to build the network; TRF Services would be leasing the network. Mr. Dwyer advised the Board that

oing the work on behalf of TRF Services, LLC. Mr. Bruno was recalled to explain that TRF had hired CIC to build the network; TRF Services would be leasing the network. Mr. Dwyer advised the Board that the explanation was acceptable. Mr. Gurland inquired if the neighboring property owners had been noticed. Mr. Pryor answered in the affirmative; he said all documents had been delivered to the Planning Board Secretary. Mr. Russo asked Mr. Clower to confirm the proposed antennas were within the footprint of the tower structure. Mr. Clower answered the antennas would fit within the footprint of the tower. Council President McCartney asked for documentation showing an overlay of all antennas, as discussed at the Technical Review meeting. She said the most recent approvals had not been included in the current presentation; an overlay of the site and a visual presentation would be helpful to the Board. NAPLANNING.BRD\WP\MINUTES\201317-9-13 Minutes.doc 6

Brian El Seidel, PP, RLA, AICP, Seidel Planning & Design, was sworn in, stated his credentials and accepted by the Board to be an expert in land use planning. Referring to Exhibit A-2, Mr. Seidel described the existing conditions of the site at the time the photos were taken. He testified that it was his opinion the proposed antennas would have minimal impact on the area because several tall structures were already in the vicinity of the site including a water tower and PSE&G equipment. Dr. Bagoff asked Mr. Seidel if he thought the proposed antennas would result in a visual clustering of equipment. Mr. Seidel answered in the negative Mr. Weston stated the Exhibit -2 photos had been taken several months ago. He inquired if Mr. Seidel knew how many antennas were currently on the structure; he said the photos being shown were different from the current conditions. Mr. Seidel said that he had considered all prior approvals by the Board and it was still his opinion that the visual impact would be minimal. Mr. Gurland asked if Sheet Number Z-2 of the Site Plan reflected the list of all current approvals; Mr. Pryor said the plan did not reflect the most recent approvals. Daniel J. Collins, Chief Technical Officer, Pinnacle Telecom Group, LLC, an electrical engineer specializing in radio frequency was sworn in and accepted to be an expert witness in FCC compliance. Mr. Collins advised the Board that the proposed antennas would comply with all State and Federal regulations for radio frequency; the antennas would not generate significant radio frequency levels. Mr. Collins referenced his report date August 28, 2012; which indicated that if all the antennas on the tower were at full power, they would only reach approximately .076% of the FCC limit. Mr. Collins said that State requirements were less stringent than Federal requirements. Mr. Collins explained how microwave frequencies travel and the importance of having antennas in each other's line of sight for proper transmission. Mr. Pryor said he had a report from Mr. Jernigan, PE, Tower Engineering Professionals which indicated that all necessary tower maintenance had been completed based on his review of the previous analysis prepared by Mr. Haldane dated March 14, 2013. He requested Mr. Jernigan’s report be submitted. Chairman Heller asked Mr. Dwyer for a determination; Mr. Dwyer said it was an engineering

vious analysis prepared by Mr. Haldane dated March 14, 2013. He requested Mr. Jernigan’s report be submitted. Chairman Heller asked Mr. Dwyer for a determination; Mr. Dwyer said it was an engineering issue. Mr. Russo said he had no problem with it. Mr. Weston said the previous report did not include the most recent approvals; he inquired if a second independent engineering report should be required. He opined the Board really needed to validate the integrity of the structure. Council President McCartney said that the documents indicated a new inspection was due. Mr. Russo said the last Applicant for the site testified that one-hundred percent capacity for the structure was not the breaking point; it would be more like one-hundred-five percent; the type of structure on the site could continue to be reinforced. NAPLANNING. BRD\WPIMINUTES|2013\7-9-13 Minutes.doc 7