March 12, 2012

Chairman Neuer said that this is the time for comments and asked if any member of the public wished to address the Board. Mark Levy approached the podium and was sworn under oath and stated that he is the President of the Eagle Ridge Condo’s Owner’s Association. Chairman Neuer told him that he cannot speak for all of the Eagle Ridge Condo property owner’s that he could just speak for himself. Mr. Levy stated that, as a resident, he listens to the concerns of the others that live closer to the towers. He said that other residents also have concerns regarding the property values of the condos and that it will be an eyesore. Mr. Levy stated that the dishes will definitely have an impact and that he feels that there are other areas the applicant can put them. Mr. Levy said that he wants to do what is right for his community. Dr. Henry Zackin approached the podium and was sworn under oath and stated that he lives in the Eagle Ridge Condo’s and is in direct site line of the towers. Dr. Zackin said that they just completed many renovations to the condos and that they maintain their properties. Dr. Zackin stated that he has been told by many realtors that people who come to look at the condos mention seeing the towers. He said that there is no vegetation that blocks the view and that he doesn’t see any benefit from the towers because they are just for commercial use. Dr. Zackin stated that the towers are unsightly now and if they add these dishes it will become even worse. Mr. Joseph Burns approached the podium and was sworn under oath, He stated that he concurs with what the past two individuals said. Mr. Burns said that you cannot avoid seeing the towers and that anything you add to them will not add to the aesthetics. Mr. Grossman approached the podium and addressed the Board. He stated that his concern is the absence of the structural report and testimony about the structural integrity of the tower. Mr. Grossman asked the Board to condition the application on having the applicant submit a structural report. Mr. Lavigne summarized by detailing how many towers are currently in that area. He explained how West Orange is the appropriate location for these microwave dishes and that the unmanned facility is also a plus. Mr. Lavigne said that there are photos showing that, at one time, there were larger dishes on the towers and the ones that they are proposing

wave dishes and that the unmanned facility is also a plus. Mr. Lavigne said that there are photos showing that, at one time, there were larger dishes on the towers and the ones that they are proposing are smaller. He addressed the structural report issue and stated that the applicant did submit a structural analysis even though they did not submit an actual structural report regarding the adequacy of this tower. Mr. Lavigne said that the applicant would be more than happy to submit a current inspection report of the physical inspection of the tower and requested that the Board make it a condition. Chairman Neuer closed the hearing and opened the floor for comments from the Board. Ms. Weiss stated that she knows that she cannot vote on this application tonight because she did not attend the meeting on 2/16/12 but she would still like to give her opinion as a realtor. Chairman Neuer asked her if her comments are limited to what she heard at the meeting tonight and she stated that her comments are from her experience as a realtor. Ms. Weiss said that the towers, in question, have played a negative part in selling a condo near the towers. She said that there is definitely some validity about it having a negative effect on these neighbors who live in

Eagle Ridge. Ms. Weiss also said that all of the photos look very different from the real towers and dishes. Mr. Sussman said that the inspection report is an issue for him and that the Board should make it a condition as part of the approval to get one every five years. Mr. Buechler stated that he is going to approve this application conditioned upon a structural inspection report, performed within the past 12 months, being submitted to the Board and that no construction permits given until the report is submitted. He said that Marcella Avenue has five separate towers on it and if people purchase homes where there are pre-existing structures then they are going to have to deal with that. Mr. Buechler also stated that 12 Marcella Avenue’s tower had large dishes on it and now they are down. He said that he did have some concerns about Mr. Suppa’s testimony regarding the fact he only did a visual inspection of the tower. Mr. Buechler said that the law in the State of New Jersey is pro cell tower antennas. Mr. Quentzel stated that there should be some kind of preliminary report done by the Construction Official before this application is approved. He said that the applicant should paint the dishes the same color as the tower. Mr. Quentzel said that his approval is based on the fact that the towers were there before the condos were. Ms. Gabry wants to see regular maintenance inspections performed every five years. Mr. Buechler stated that if the Board does approve this application that there is a requirement, as stated in Eric Keller’s report, that all inspections shall be in accordance with the ELA/TIA 222G and submitted to the Township. Ms. Borg stated that she sees this a little different. She agrees that the tower was built before the condos but by putting the dishes on the tower will change the appearance and make it look worse. Ms. Borg stated that she personally was responsible for getting a lot of the old dishes taken off of the towers. The companies eventually stop using them, she said, and they just leave them up there. Chairman Neuer started by explaining the function of the Zoning Board and said that they are a creature of statute. He stated that applicants are before this Board to ask them for relief from a zoning ordinance. The Chairman stated that the Board is being asked to add to the existing towers. He said that he is not sure that

that applicants are before this Board to ask them for relief from a zoning ordinance. The Chairman stated that the Board is being asked to add to the existing towers. He said that he is not sure that adding to them will have a negative impact on the property values and there is not enough evidence of this to deny the application. Chairman Neuer said that these dishes, in his opinion, will not benefit the general public. He then stated that someone not wanting it in their back yard is also not enough evidence to deny and that he is having a hard time coming to a decision. Chairman Neuer stated that he is going to vote no on this application because he thinks that the application is deficient and he has safety concerns regarding the weight of the dishes. He said that he is not convinced that this can be done in a safe manner and he will endorse that a maintenance report is submitted every five years and fines given if they do not comply.

Mr. Buechler offered a resolution to approve the application subject to conditions. He said that the dishes and radomes must be painted to match the tower and they must maintain the painting. Mr. Buechler said that before any construction permits are issued or work done that the applicant must submit a current structural report to the Planning Department with a copy to Mr, Keller. He continued by saying that if the applicant has any questions or comments they must submit them to the Board secretary. Mr. Buechler stated that if the structural report is adequate then Mr. Keller is to submit a letter to the Board and to the Board secretary stating such. He said that the applicant, or subsequent owner, must submit to the Planning Department every five years, an updated structural report in accordance with the ELA/TIA 222G as referenced in Mr. Keller’s report. Mr. Buechler stated that if any of the dishes are not used for six months or more then they are to be removed within 90 days and if they do not do so then they will be suspended from operation. Mr. Quentzel stated that he would like to add some sort of escrow to the conditions if the applicant does not remove the dishes. Mr. Buechler said he doesn’t agree because the Town would have to keep track of the monies and that a violation notice is sufficient, Chairman Neuer asked Ms. Borg if the Town ever required escrow before and she replied no. Mr. Steinhart said that if they are not removed then the Town has the right to remove them and place a lien on the property. Mr. Beirne stated that she is not sure the Zoning Board can do that. Mr. Buechler made a motion to approve and Mr. Sussman seconded. The vote was as follows: Mr. Bullock stated that Ms. Borg had a compelling discussion and he was not satisfied that the negative outweighed the positive and he is voting no. Ms. Gabry voted no. Mr. Quentzel stated that the towers were there for a long time and the applicant agreed to match the color of the dishes to the tower so he is voting yes. Mr. Steinhart stated he based his vote on comments he made during the discussion and he is voting yes. Mr. Sussman said that he is reiterating his comments and said he is voting yes. Chairman Neuer stated that the vote is four to three so therefore the application is denied. Buechler: Yes Steinhart: Yes Bullock: No Sussman: Yes Gabry: No Weiss: - Quentzel: Yes

he is voting yes. Chairman Neuer stated that the vote is four to three so therefore the application is denied. Buechler: Yes Steinhart: Yes Bullock: No Sussman: Yes Gabry: No Weiss: - Quentzel: Yes Chairman Neuer No Sacks: -

2. ZB-11-23/World Class Wireless, LLC Block: 84.01; Lot: 22.01; Zone: B-2 12 Marcella Avenue "C” and “D” variances to install two 6’ dishes on an existing tower and necessary equipment. DISCUSSION Eric Goldberg, attorney for the applicant, approached the podium. Chairman Neuer suggested that the applicant come back to the next meeting because the Zoning Board meetings end at 11:00 pm. He said the next meeting is April 19" and that they will be first on the agenda. Mr. Goldberg agreed. Ms. Gabry said that the application does not state who owns the property. She asked if the applicant is the owner and Mr. Goldberg said no. Mr. Goldberg stated there are three or four people who own the property. He said that there is a signed lease that was submitted with the application and there is a section of that lease that authorized the applicant. ADJOURNMENT The meeting was adjourned by Chairman Neuer at 10:59 pm March 15, 2012 Rose DeSena Zoning Board Secretary 10