March 12, 2012

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING March 15, 2012 The West Orange Zoning Board of Adjustment held a regular meeting on March 15, 2012 at 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairman Neuer called the meeting to order at approximately 8:00 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 November 29, 2011 in accordance with the “Open Public Meetings Act.” Chairman Neuer asked everyone to stand for the Pledge of Allegiance Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: B. Buechler, G. Bullock, D. Gabry, P. Neuer, B. Quentzel (8:05), E. Sacks (8:04), W. Steinhart, M. Sussman, A. Weiss ABSENT: ALSO PRESENT: Susan Borg, A.LC.P., P.P., A.LA. Eric Keller, Consulting Engineer Board Attorney: Alice Beirne, Esq. Board Secretary, Rose DeSena Harvey Grossman, Public Advocate ANNOUNCEMENTS Future Meetings: April 19, 2012 (Regular Meeting) — 8:00 PM May 17, 2012 (Regular Meeting) - 8:00 PM June 14, 2012 (Regular Meeting) — 8:00 PM July 19, 2012 (Regular Meeting) — 8:00 PM Chairman Neuer noted for the record that, even though there was a court stenographer at the meeting, the only official transcript for this mecting, as with all of our meetings, is Ms. Dillon’s transcript. MINUTES Adopt Minutes: February 16, 2012 meeting Chairman Neuer asked if there were any other comments regarding the minutes, other than the ones Mr. Buechler and himself gave to the Board Sccretary. Seeing none the Chairman asked for a motion to adopt. Mr. Buechler made the motion and Vice Chair Gabry seconded. All were in favor

SWEARING IN Township Professional, Planning Director Susan Borg and Consulting Engineer, Eric Keller were sworn under oath. RESOLUTIONS L ZB-10-15a/JF Holding Company AMEND PRIOR RESOLUTION Block: 155; Lot: 40.02, 40.03 and 40.04; Zone: P-C/OB-1 Rooney Circle Preliminary and final site plan approval with “C” and D” variances and a minor subdivision Chairman Neuer asked the Board if there were any comments or questions regarding this resolution, Seeing none he asked for a motion to adopt. Mr. Buechler made a motion to adopt and Vice Chair Gabry seconded. Vote was as follows: Buechier: ‘Yes Steinhart: Recused Bullock: Yes Sussman: Yes Gabry: Yes Weiss: - Quentzel: Yes Chairman Neuer Yes Sacks: - APPLICATION(S) 1 ZB-12-02/Auburn Data Systems, LLC Block: 84.01; Lot: 22; Zone: B-2 10 Marcella Avenue Seeking a “D” & “C” variances for installing five (5) antennas on an existing tower. EXHIBITS A-1 - Compliance report prepared by Pinnacle Telecom Group dated 8/24/11 A-2 - F-2 - Photographs A-3 - American Tower Engineering report dated 3-23-11 A-4 - Planners Report prepared by James Kyle dated 1-31-12 A-5 - Photo board of four photographs A-6 - Photo board of eight photographs DISCUSSION Michael Lavigne, attorney for the applicant, approached the podium. He explained what the applicant was proposing and detailed what occurred at the Zoning Board meeting on 2/16/12.

He listed all of the witnesses that testified for the applicant, at that meeting, and what they testified about. Mr. Lavigne stated that the applicant has submitted all of the follow up items that the Board requested at the last meeting i.e. the owner’s consent letter and copies of a structural analysis report. Chairman Neuer stated that Eric Keller reviewed the structural analysis report and submitted his comments to the Board. The Chairman asked that American Tower’s engineering report marked as exhibit A-3. Chairman Neuer stated that Mr. Keller’s comments will be admissible but noted that they were not based on an actual inspection of the tower. Mr. Buechler asked Ms. Borg if 10 Marcella Avenue and 12 Marcella Avenue are separate block and lots. She replied yes. He referred to a photo in the application package and asked Ms. Borg where the third tower in the photo was. There was a brief discussion, between Mr. Buechler and Ms. Borg, about where this tower was located. Chairman Neuer stated that this tower was not part of the application. Mr. Buechler noted that there are three lots and three very large antenna towers and the Board cannot ignore the fact regarding the impact it has on the neighborhood. Chairman Neuer stated that the third tower that Mr. Buechler is referring to is probably the tower near the bowling alley on Eagle Rock Avenue. Chairman Neuer addressed Mr. Lavigne and said that he still harbors reservations about putting 2500 pounds on a tower that the applicant has not provided any inspection reports for as defined in Mr. Keller’s report. He stated that, for the record, this is a major concern of his and the applicant has provided nothing that satisfies his concerns. Chairman Neuer told Mr. Lavigne that he needs to address this issue before he closes his case. He also stated that Mr. Suppa testified at the meeting last month that he stood at the base of the tower and looked up and said “it looks good”; the Chairman said that was not good enough. James T. Kyle approached the podium and was sworn under oath. He detailed his educational background and stated that he is a licensed Planner in the State of New Jersey and the Planner for the Town of Oxford. Chairman Neuer accepted his credentials as an expert in professional planning. Mr. Kyle presented his report that was submitted with the original application package dated January 31,

Town of Oxford. Chairman Neuer accepted his credentials as an expert in professional planning. Mr. Kyle presented his report that was submitted with the original application package dated January 31, 2012. Chairman Neuer asked Mr. Kyle if he asked him to read his report, would he testify that it was accurate. Mr. Kyle replied yes. Chairman Neuer asked to have Mr. Kyle’s report marked as exhibit A-4. Mr. Kyle stated that this report was prepared before the application was amended to exclude the conditional use and height variance. He stated that the report reflects much more than is required and began by detailing the positive criteria. There was some discussion regarding the public airwaves use as being beneficial. Chairman Neuer said that Mr. Kyle’s report did not state that it was an inherently beneficial use and Mr. Kyle agreed. Mr. Kyle stated that they are taking an existing tower and placing microwave dishes on it and that the tower was essentially designed for this; specifically for microwave transmission.

Mr. Kyle continued and stated that, since the towers have been there since 1976, the residents are used to seeing them. He also stated that the reason they want to use this specific tower is so they do not have to build another tower. Mr. Kyle stated that the cabinet, which houses the equipment, will be located inside an existing building located on the site under the tower. Mr. Kyle presented a photo board of four photos that were taken by Mr. Wolfson, the applicant’s radio frequency specialist who testified at the last meeting, and Chairman Neuer entered them into evidence as exhibit A-5. Mr. Kyle described the first photo that showed antennas on the tower. Chairman Neuer asked if that photo depicts the conditions of the tower today. Mr. Kyle replied no and said that the photo was taken approximately three years ago. Chairman Neuer asked what is different about the tower today and Mr. Kyle stated that the antennas are presently not on the tower. Chairman Neuer asked Mr. Kyle if there were any other differences and Mr. Kyle replied no. Mr. Buechler asked Mr. Kyle how often he visited the site and Mr. Kyle replied twice. Mr. Buechler asked if he was in West Orange often and Mr. Kyle replied no but stated that he has been all over the neighborhood on two separate occasions. Chairman Neuer stated that he wanted to address the public safety issue and said that there is no structural report. Mr. Kyle said that the towers are inspected every five years. Chairman Neuer asked Mr. Kyle who makes those reports and where are they. Mr. Kyle said that he was not sure who actually prepared the reports but assumed that they are kept on file somewhere. Chairman Neuer asked Mr. Kyle if he was aware that an inspection report was never submitted to this Board. Mr. Kyle replied yes, he knew that, but he felt that an inspection report does exist. The Chairman asked Ms. Borg if she has a copy of that report and Ms. Borg replied no. He asked. Mr. Keller if he has a copy of that report and Mr. Keller replied no. Mr. Kyle continued his testimony and detailed the negative criteria; reading from his report. He stated that microwave dishes are used for fast and efficient communication; especially sensitive data. He went on to describe the benefits for companies and their clients and why microwave is better than fiber optics especially if there is a natural disaster. Mr. Buechler

on; especially sensitive data. He went on to describe the benefits for companies and their clients and why microwave is better than fiber optics especially if there is a natural disaster. Mr. Buechler stated that if there ‘was a natural disaster, all communication equipment will be down. He said that towers will go down, just like all other equipment, and told Mr. Kyle that the example he is using is not good. Chairman Neuer stated that if a natural disaster did happen, one of their 500 or 600 ib. dishes could come crashing down on a resident. Mr. Kyle presented another photo board and Chairman Neuer asked to have it entered as Exhibit A-6. Mr. Kyle said the photos are pictures of existing antennas taken from a distance. Chairman Neuer asked if Mr. Kyle prepared all eight of the photos and Mr. Kyle replied yes. Mr. Kyle explained how the towers visually looked when taken from different locations. Ms. Borg asked Mr. Kyle where he took the photos and Mr. Kyle said that he took them from the Eagle Ridge Condo property. She asked if he took them from a distance or if’ he was closer to the tower and Mr. Kyle replied that he took them midway from the tower.

Mr. Kyle, still referring to the photos, stated that a visual impact already exists with the tower already there. He noted that the residents of Eagle Ridge will only see the back side of the dish antenna after it is installed. Ms. Borg asked if Mr. Kyle had a photo of the back of the dish so that they could see what it would look like and Mr. Kyle replied no, Mr. Lavigne stated that, at the last meeting, the applicant agreed to paint the dishes and the radomes to match the tower. Mr. Buechler asked Ms. Borg if the towers predated the Eagle Ridge Condos and Ms. Borg said that they did. Mr. Kyle stated that there are five towers on Marcella Avenue. He said that there will not be a major visual impact on the area because there are large dish antennas on another tower on Marcella Avenue. Chairman Neuer asked the Board members if they had any questions for Mr. Kyle. Mr. Bullock said that Mr. Kyle’s report stated that this tower is structurally sufficient to handle these dishes but yet there was no attempt to get a structurally sound inspection report. He asked Mr. Kyle if he thought that a 36 year old structure didn’t need a current inspection report and asked if he thought this was normal. Mr. Kyle said that all that they ever get is a New Jersey licensed structural engineer report which usually suffices, Mr. Keller stated that he is not aware if an inspection report even exists. The applicant is supposed to conduct a structure report, according to the industry guidelines, but no one has seen one. Ms. Borg asked Mr. Kyle if there have been any inspections in the past 36 years specifically ones that checked for corrosion or deterioration of the metal. Mr. Kyle stated that this is a stainless steel tower and stainless has a higher resistance to corrosion. He said that if the Board needs a current inspection report they will provide. Ms. Gabry asked Mr. Kyle if someone would have to subscribe to the services that are going to be transmitted from these towers or would it be available to the public. Mr. Kyle stated that they would have to subscribe. There were no other questions for Mr. Kyle from the Board. Ms. Borg asked how much faster microwave is from fiber optic and how much cheaper it is. Mr. Kyle stated that he has no opinion regarding that. Chairman Neuer asked if there were any members of the public that bad any questions for Mr. Kyle based on

iber optic and how much cheaper it is. Mr. Kyle stated that he has no opinion regarding that. Chairman Neuer asked if there were any members of the public that bad any questions for Mr. Kyle based on his testimony. Joseph Bums approached the podium and stated that he lives at 364 Styles Court in the Eagle Ridge complex. He said that his question is regarding the stability of the tower and asked Mr. Kyle if this tower could sustain 120 mph winds. Chairman Neuer stated that Mr. Kyle cannot answer that question because Mr. Suppa, the applicant’s engineer, testified to that at the last meeting. The Chairman asked Mr. Lavigne if he would like to call Mr. Suppa to the podium to answer that question and Mr. Lavigne said yes. Mr. Suppa approached the podium and

Chairman Neuer said that he is still under oath from the last meeting and told Mr. Burns to ask him his question. Mr. Burns asked Mr. Suppa if the tower could sustain winds up to 120 mph. Mr. Suppa said yes; that velocity will not take the dishes off of the tower. Chairman Neuer asked Mr. Suppa what the maximum wind velocity they could sustain and Mr. Suppa said that he believes it is well over 120 mph. Dr. Henry Zackin approached the podium and stated that he lives at 372 Digaetano Terrace. He said that his question is in regards to Mr. Kyle’s comment regarding minimal visualization due to vegetation. Dr. Zackin asked Mr. Kyle if he walked out of his house every day and saw the towers and Mr. Kyle replied no. Dr. Zackin asked if he drives by them every day and Mr. Kyle replied no. Dr. Zackin asked Mr. Kyle what he based his comment regarding the tower and dishes not having a negative visual impact on the area and Mr. Kyle replied that he based it on simulations. Mr. Buechler asked Dr. Zackin if he lived in the Eagle Ridge Condo development; Dr. Zackin replied yes. Mr. Buechler asked Dr. Zackin if the condos were built after the tower and Dr. Zackin replied yes. Mark Levy approached the podium and stated that he lives at 344 Araneo Drive. He asked Mr. Kyle on what he based his comment on regarding the residents being used to seeing the tower. Mr. Kyle stated that the longer someone see’s something the less it has a visual impact. Mr. Levy said that the towers predated the condos and they have to accept them but why do they have to accept the dishes. Chairman Neuer explained to Mr. Levy that the witness did not say that they have to accept them. Mr. Buechler stated that there are photos showing the tower having dishes on them three years ago. Chairman Neuer said they testified at the last meeting to having 37 antennas on the tower at one time. Dr. Zackin stated that he had another question and Chairman Neuer explained the rules of the Zoning Board meeting regarding residents asking questions. The Chairman stated that Dr. Zackin can ask another question after all members of the public have asked their first question. Seeing no other questions from other members of the public Chairman Neuer said that Dr. Zackin can ask another question. Dr, Zackin approached and asked Mr. Kyle if he knew what impact the addition of these dishes to the towers would have on

ers of the public Chairman Neuer said that Dr. Zackin can ask another question. Dr, Zackin approached and asked Mr. Kyle if he knew what impact the addition of these dishes to the towers would have on real estate values. Chairman. Neuer stated that Mr. Kyle is not a realtor. Joseph Burns approached the podium again and asked why the applicant chose our community and not another community. Chairman Neuer stated that Mr. Collins, the applicant’s FCC compliance expert, answered that question at the last meeting and said that the reason is because this tower is located on top of a mountain and that is the best location. Chairman Neuer recessed the meeting at 9:30 pm. The meeting resumed at 9:42 pm. Mr. Lavigne stated that there were no more witnesses.