July 9, 2013

Mr. Grygiel said there was no discussion as to how many antennas were too many. There was not a standard for numbers or percentages. Dr. Bagoff said that at the end of the day, if there is undue concentration it would be a visual issue. Mr. Gurland said that perhaps the State Building Code addressed the issue. Mr. Pryor said the Telecommunications Industry Association (TIA) had the industry standards. Mr. Grygiel advised the Board that a condition of approval should include having all the most recent approvals incorporated in to the final plans. Mr. Dwyer said the evidence must prove there was no undue cluttering; and that structural integrity had been met. Mr. Gurland said that there were unanswered questions regarding the structural integrity of the structure; he mentioned the issue of wind loading. Mr. Ghebremicael said he agreed with Mr. Gurland. Mr. Russo said that he did not know if it was a zoning issue; it was the clustering that was an issue Dr. Bagoff suggested that as a condition of approval, Omland Engineering would determine if the structural integrity was acceptable; which would include updated photo simulations and elevations as indicated by the most recent approvals. Chairman Heller said that the issue was the elevations and the photo simulations vary greatly from the exhibits and what has been recently approved. Mr. Dwyer advised the project must be structurally sound, meet the height requirements, and the issue of clustering. Mr. Gurland said the issue of clustering is a structural issue. Chairman Heller said that the Board could condition the submission of an updated structural report to include the existing and proposed schematic plan. Mr. Klein said you can mitigate the structural integrity, but you cannot mitigate the clustering affect. Dr. Bagoff said the Board had talked about clustering, but had never defined what was clustering. Dr. Bagoff asked Mr. Grygiel to define “what is clustering”. Mr. Grygiel said he worked for multiple towns, but not on First Mountain. He opined it was a unique site due to its location. Mr. Weston said the Board had not been presented clear information by the Applicant; it was hazy as to which antennas had been installed and which ones had been approved but not yet in place. Mr. Gurland said he was trying to figure out if the Board should make conditions and vote on the Application; or put off

nnas had been installed and which ones had been approved but not yet in place. Mr. Gurland said he was trying to figure out if the Board should make conditions and vote on the Application; or put off a vote until the Board had more information. Dr. Bagoff proposed the Application be carried to the next meeting; he suggested Mr. Dwyer craft a draft of the Resolution based on the current testimony to be voted on at NAPLANNING. BRD\WP\MINUTES\2013\7-9-13 Minutes.doc 8

the next meeting after the Board had the opportunity to view a more accurate depiction of the site, and then vote on the Application. Chairman Heller said the Applicant should be provided with a complete list of submittals the Board would need to view for the next meeting. Mr. Dwyer advised the Board that Cox (MLUL) did not approve of the proposed action. Council President McCartney opined the draft should be very specific. Mr. Pryor said he would argue that both Application and Resolution be voted at the next meeting if the Application was to be carried. Chairman Heller called for a vote on carrying the Application to the August 7, 2013 regular meeting. The Board voted as follows: Motion: Dr. Bagoff Second: Chairman Heller Bagoff: Yes Carlucci: Absent Eben: Absent Ghebremicael: No Gurland: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Yes DISCUSSION Recommendation to Township Council regarding Proposed Amendments to the Harvard Press Redevelopment Plan (William C. Sullivan, Jr., Esq., Scarinci Hollenbeck Attorneys at Law) DISCUSSION: Williams C. Sullivan, Jr., Esq., Scarinci Hollenbeck, gave a brief recapitulation of the Harvard Press Redevelopment Plan approved in 2008. He said the areas of Central Avenue and Mitchell Street along the City of Orange border had been determined to be in need of redevelopment. The property owner was Harvard Properties, LLC. The buildings were in poor condition; the site was undergoing remediation. The West Orange lots were divided by the East Branch of the Rahway River. The adopted 2008 plan had included the area train station in Orange and the culvert be revitalized and create new green space. The City of Orange had granted redevelopment approval and their Planning Board had approved the project. The property located on the West Orange side was approved for one hundred units “for sale” only. Mr. Sullivan was requesting the West Orange plan be amended to change the units to residential “rental” units; he asked that the Board make the recommendation to the Township Council; when approved by the Council; the Applicant would then come back before the Planning Board for site plan approval. Chairman Heller confirmed the recommendation would be to change the units from “for sale” only, to rental units. Chairman Heller called for a vote on the Recommendation. NAPLANNING.

plan approval. Chairman Heller confirmed the recommendation would be to change the units from “for sale” only, to rental units. Chairman Heller called for a vote on the Recommendation. NAPLANNING. BRDIWP\MINUTES\2013\7-9-13 Minutes.doc 9

The Board voted on the Recommendation as follows: Motion: Dr. Bagoff 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 Recommendation to Township Council regarding potential zoning changes to streamline standby generator installation. (Paul Grygiel, Patrick J. Dwyer, Esq.) Continued from the June 5, 2013 meeting. DISCUSSION: Mr. Grygiel said there had been much discussion on the issue; he indicated no additional items for discussion; he said the Board had had the opportunity to review the draft recommendation. Mr. Gurland asked what would be the affect of the recommendation on condominiums; he said the Board had agreed the major issue was if individual owners wanted generators, the recommendation would not satisfy the issue. Mr. Grygiel answered the concern was not to micromanage; the issue was clearly identified by the Ordinance. Mr. Gurland said that his issue was he foresaw POA having a hard time determining what to do. Dr. Bagoff said then the POA would hire an attorney. Mr. Weston asked Mr. Grygiel about noise; should the recommendation address the issue of noise; was the issue adequately covered. Mr. Dwyer said the noise issue was a legitimate concern; but the State standards superseded local ordinance. Mr. Weston opined, “only in the case of a power outage’ be included in the language. Mr. Gurland asked about Item E; would testing be permitted on weekends. Mr. Grygiel said yes. Council President McCartney said she still had concerns, speaking about clustering. Dr. Bagoff said that it would be up to the Condo and Townhouse complexes to determine; however, it would ultimately be up to PSE&G to decide what would be permitted. Council President McCartney said she did not know how to present the Recommendation to the Council. Mr. Klein said he did not understand how a gas generator could be excluded from the recommendation. Chairman Heller called for a vote on the Recommendation. NAPLANNING.BRD\WP\MINUTES\2013\7-9-13 Minutes.doc 10

The Board voted on the Recommendation as follows: Motion: Chairman Heller Second: Dr. Bagoff Bagoff: Yes Carlucci: Absent Eben: Absent Ghebremicael: Yes Gurland: Yes Klein: No Lester: Absent McCartney: No Weston: No Wilkes: Absent Heller: Yes Recommendation to Township Council regarding “Complete Streets” Policy. (Chairman Ben Heller) DISCUSSION: Chairman Heller said he had put together a Complete Street recommendation; making the streets more pedestrian friendly in high-density areas. The recommendation was a non-binding issue; but did present guidelines that would be good for the Township. Dr. Bagoff and Mr. Weston both opined to include the policy in the next Master Plan re- examination. Chairman Heller called for a vote on the Recommendation. The Board voted on the Recommendation as follows: Motion: Dr. Bagoff Second: Chairman Heller Bagoff: Yes Carlucci: Absent Eben: Absent —s Ghebremicael: Yes Gurland: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Yes MEETING ADJOURNED at approximately 10:04 P.M. Minutes adopted August 7, 2013 z Pe: Robin Miller, Planning Board Secretary Township of West Orange “*THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE TUESDAY SEPTEMBER 10, 2013 AT 7:30 P.M. INCOUNCIL CHAMBERS* N:\PLANNING. BRD\WP\MINUTES\2013\7-9-13 Minutes.doc 11