April 2, 2014

TOWNSHIP OF WEST ORANGE PLANNING BOARD MINUTES April 2, 2014 The Township of West Orange Planning Board held a regular meeting on April 2, 2014 at 7:30 P.M. in Council Chambers, 66 Main Street, West Orange, New Jersey. Vice Chairman Weston called the meeting to order at approximately 7:36 P.M. It was announced that notification of this meeting was given to the Township Clerk, and posted on the Township Bulletin Board on November 21, 2013, in accordance with the requirements of the “Open Public Meetings Act”. PRESENT: Vice Chairman Ron Weston, Robert Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Lee Klein, Council President Susan McCartney ABSENT: Chairman Ben Heller, Jason Lester, William Wilkes II ALSO PRESENT: Paul Grygiel, AICP, PP, Acting Township Planner, Frank Russo, PE, Omiand Engineering, Patrick J. Dwyer, Board Attorney, Robin Miller, Board Secretary; Debbie Dillon, Audio-Digitat Transcription Service PLEDGE OF ALLEGIANCE Vice Chairman Weston requested all persons stand for the Pledge of Allegiance. ROLL CALL Robert Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Chairman Ben Heller, Lee Klein, Jason Lester, Council President Susan McCartney, Vice Chairman Ron Weston, Williams Wilkes II. ANNOUNCEMENTS The next regular Planning Board meeting will be held on Wednesday May 7, 2014 at 7:30 P.M. in Council Chambers. Per Applicants’ request, Applications PB-13-19/Sirius Radio, Inc. and PB-14-02/World Class Wireless, LLC, previously scheduled to be heard at this meeting, will be carried to the May 7, 2014 reguiar meeting. SWEARING IN Paul Grygiel, AICP, PP, Phillips Preiss Grygiel LLC, Acting Township Planner. Frank Russo, PE, Omiand Engineering, Township Engineering Consultant. RESOLUTIONS PB-13-25/Falcon Associates for South Mountain Realty Associates, LLC Block: 168; Lot: 27.02; Zone: B-2 563 Northfield Avenue Amended Site Plan with variances. NAPLANNING. BRE\WP\MINUTES|2014\4-2-14 Minutes.doc

DISCUSSION Mr. Eben questioned if there should have been a use variance for the drive-thru window. Mr. Dwyer said the issue had been addressed in the (Acting Township) Planner’s Report (dated January 17, 2014). Mr. Grygiel confirmed he had researched the issue; the previously approved use variance for the drive-thru was not extinguished. The Board voted on the Resolution as follows: Motion: Bagoff Second: Eben Bagoff: Y Carlucci: - Eben: Y Ghebremicael: Y Gurland: - Klein: - Lester: Absent McCartney: Y Weston: Y Wilkes: Absent Heller: Absent PB-13-26C/County of Essex/South Mountain Recreation Complex Block: 162; Lot: 2; Zone: R-1 4 Cherry Lane Courtesy Review Application to install nautical themed playground near pavilion/boat launch area and a dog park near existing pump station. DISCUSSION Vice Chairman Weston stated that subsequent to the March Planning Board meeting, the County had announced it was not going forward with the dog park project. He asked Mr. Dwyer if it was reasonable to revise the wording of the Board recommendation to indicate that if the County did go forward with the dog park at a future date; it would relocate to another area; not across the street, but to an entirely new location. Mr. Eben requested that the Resolution be pulled, and the County submit a new Application for just the children’s playground. Council President McCartney opined not to pull the Resolution, but to revise its language to include recommendation that the County submit a new Application should they decide to go forward with the dog park. Vice Chairman Weston suggested the draft Resolution be modified to read that the dog park be re-visited to an alternative location and a new Application for the project be submitted to the Board; Dr. Bagoff concurred. The Board voted on the Resolution (with the modifications as discussed) as follows: Motion: Vice Chairman Weston Second: Dr, Bagoff Bagoff: Yes Carlucei: - Eben: - Ghebremicael: Yes Gurland: - Klein: - Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Absent APPLICATIONS PB-14-01/Communication Infrastructure Corporation Block: 84.01; Lot: 22; Zone: B-2 10 Marcella Avenue Conditional Use Site Plan to install telecommunication antennas to existing tower; install new cabinet and platform for equipment. NAPLANNING.BRD\WPIMINUTES\2074\4-2-14 Minutes.doc 2

EXHIBITS A-1: Site Plan - Five Sheets total prepared by Peter J. Tardy, PE, French & Parrello Associates, P.A. dated 12/5/13, revised 12/9/13 and 12/16/13: Sheet SP-1, Site Map and Notes; Sheet SP-2, Enlarged Equipment Area Plan and Details; Sheet SP-4, Equipment; Sheet T-01, Title Sheet; Sheet SP-3, Elevation and Antenna Details A-2: — Aerial Site Photograph and Photo Simulations of Tower and Antennas prepared by Seidel Planning & Design, dated 11/13/13, revised 3/14/13. DISCUSSION James K. Pryor, Esq., attorney for the Applicant, introduced the Application for the installation of two new antennas on existing tower and installation of ancillary equipment in existing building. Mr. Pryor said the Township Planner’s Report noted two issues; whether there was an excessive amount of antennas on the structure, and open building permits for site work. Mr. Pryor said he was following up with the property owner regarding the open permits. Mr. Weston inquired if any of the open permits were related to structural repair; Mr. Pryor said he did not know, but it was in the interest of Communication Infrastructure Corporation to know if any alterations were being done on the structure. Denis Keenan, P.E., French & Parrello Associates, P.A., was sworn in, stated his credentials, and accepted by the Board to be an expert in civil engineering. Referring to Exhibit A-1, Mr. Keenan described the property as .039 acres, including a chain link fence that ran its perimeter, an existing 200 ft. lattice tower, and a building structure under the tower that housed antenna equipment. At approximately 7:47 P.M., Vice Chairman Weston noted that Dr. Bagoff left the Chamber to take an emergency phone call and would not be able to vote on the Application. (Dr. Bagoff returned to Chambers at approximately 7:58 P.M.) Mr. Keenan said the Applicant proposed to install two antennas on existing lattice tower — a 3 ft. diameter microwave antenna at a height of 171 ft., and a 6 ft. diameter dish antenna at a height of 135 ft. Cables for the proposed antennas would run to an equipment cabinet installed to the rear of the existing building on a 4 ft. x 4 ft. pad platform approximately 1 ft. off the ground. The height of the cabinet was 62 % inches, width 42 inches, depth 25 inches. It would be approximately 6 ft. 5 in. tall when installed. The cabinet would be powered by an existing

ft. off the ground. The height of the cabinet was 62 % inches, width 42 inches, depth 25 inches. It would be approximately 6 ft. 5 in. tall when installed. The cabinet would be powered by an existing on- site meter run by an underground conduit connection. Responding to Mr. Pryor’s inquiry, Mr. Keenan confirmed that French and Parrello would be designing the cabinet; it would be building code compliant. Mr. Keenan concluded his testimony. Referring to Sheet SP-1, Council President McCartney asked if the Board would see photo simulations of the proposed antennas. Mr. Pryor said the next witness would have that information. Mr. Eben asked Mr. Keenan when he last visited the site; Mr. Keenan said he was at the site that day. Mr. Eben stated he was at the site a couple of weeks ago; he asked who was responsible for the maintenance of the site; Mr. Keenan said it was the responsibility of the property owner. Mr. Eben said he had visited the site again that day; he said the property was cleaner than it had been on his previous visit; however there was now a demolished cabinet leaning against the building and an unenclosed dumpster. Mr. Keenan reiterated that it was the responsibility of the property owner to maintain the site. Mr. Pryor said that as a tenant, they NAPLANNING.BRD\WP\MINUTES|2014\4-2-14 Minutes.doc 3

could not force the property owner to maintain the property. Mr. Weston asked Mr. Dwyer to note that a condition of approval would be the property owner must maintain the property. Mr. Eben asked Mr. Keenan if there was any way to get the correct height of the structure; there was conflicting testimony (from previous applications); the height varied from 200 ft. to 193 ft. Mr. Keenan said his elevations were based on recorded plans; he said it could be surveyed with reflector-less equipment. Responding to inquiry from Mr. Weston, Mr. Keenan amended his previous testimony to say that the tower was approximately 200 ft. in height. There were no questions for Mr. Keenan from the Township Professionals, Public Advocate or the Public. Brian Seidel, PP, RA, Seidel Planning & Design was sworn in, stated his credentials and was accepted by the Board to be an expert in planning. Referring to Exhibit A-2, Mr. Seidel said the aerial photograph depicted the overall site and the various locations from where photographs were taken of the tower. The photos identified as View 31 were taken from Marcella Avenue and depicted four different scenarios: the existing conditions, as approved with previous applications, the proposed approval, and the ultimate build out representing the current conditions, previous approvals and proposed approval. Mr. Seidel opined that the proposed antennas would not create an undo concentration of antennas, the application did comply with all standards of current ordinance; he believed the plan met all requirements. Dr. Bagoff asked what Mr. Seidel considered an undo concentration of antennas. Mr. Seidel said it was a subjective observation. He did not believe there was a clustering at the site; the visual impact of the Application was negligible. Council President McCartney asked Mr. Seidel to clarify the photo simulations. Mr. Seidel said the “as approved” simulation was based on report of all previously approved antennas, including carriers other than Communication Infrastructure Corporation. Mr. Ghebremicael asked about the structural integrity of the tower. Mr. Seidel said that was not his expertise. Mr. Pryor said his next witness would address structural integrity. Mr. Weston asked about the visual impact of the new antennas — from a planning perspective, would adding additional antennas to the existing tower be preferable to building

ress structural integrity. Mr. Weston asked about the visual impact of the new antennas — from a planning perspective, would adding additional antennas to the existing tower be preferable to building an entirely new tower structure. Mr. Seidel answered in the affirmative; he said it would be far less intrusive to the community to add to existing tower than to buiid a new structure. Mr. Grygiel asked if Mr. Seidel knew if there were any existing unused antennas on the tower that could be removed. Mr. Seidel said he did not know; he was unaware if that was a situation. Mr. Grygiel said that the issue had been a concern of the Board during previous hearings on this type of Application. There were no questions for Mr. Seidel from the Public Advocate or the Public. Referring to the (Acting Township) Planner’s report dated March 14, 2014 regarding unused antennas, Council President McCartney asked if the site could be visited monthly to ensure that unused equipment was removed. Dr. Bagoff opined that as a condition of approval for all antenna applications going forward, it be verified by the property owner that all unused or inoperable equipment had been removed from the structure. Council President McCartney added that the property must be cleaned of debris. Mr. Dwyer advised the Board that as a tenant, the Applicant had limited control over the site. WAPLANNING.BRD\WPWINUTES|201414-2-14 Minutes,doc 4

Mr. Weston asked Mr. Pryor if there were any other witnesses necessary to present testimony for the Application. Mr. Pryor indicated he had an expert witness to testify regarding radio frequency. Dr. Bagoff asked if radio frequency regulations had changed within the last year. Mr. Pryor indicated there had not been any changes to federal rules; he said all proposed equipment was in full compliance with federal regulations. Michael L. Bohlinger, PE, was sworn in, stated his credentials, and was accepted by the Board to be an expert in civil and structural engineering. Responding to Mr. Pryor’s inquiry, Mr. Bohlinger confirmed he had not inspected the tower but had familiarized himself with the circumstances of the application. Taking into account the proposed, existing and reserved antennas, the structure had adequate capacity. It was his opinion that there was no need for additional bracing; the structure could handle the maximum 100 mile per hour wind and ice load capacity. Mr. Russo advised the Board that he did not believe Mr. Bohlinger was the preparer of the structural report, nor was the report prepared under his guidance. He stated that at the prior week's Zoning Board meeting; that Board refused to hear Mr. Bohlinger’s testimony. Mr. Pryor said the engineer (who prepared the report) was not present, but Mr. Bohlinger was familiar with the tower and the structural report. Mr. Pryor said he had subsequently received an email from American Tower Corporation stating that Scott Wirgau, the author of the structural report, had no objection to Mr. Bohlinger testifying. Mr. Dwyer advised the Board that it was cleariy hearsay; strict rules of evidence did not apply in the hearing. Dr. Bagoff questioned whether the Board could render an opinion without the testimony of Mr. Bohlinger, but solely on the written report. Mr. Russo opined that in essence, Mr. Bohlinger was an engineer who had reviewed the report; he could give his opinion of the written report; but could not testify to its actual content because he was not the author. it was decided that the Board could question Mr. Bohlinger to the contents of the structural report; and would weigh his opinion when deliberating. Dr. Bagoff asked Mr. Bohlinger about the maximum load of the structure; at what percentage was the structure currently, and what would it be at with the proposed antennas. Mr.

nion when deliberating. Dr. Bagoff asked Mr. Bohlinger about the maximum load of the structure; at what percentage was the structure currently, and what would it be at with the proposed antennas. Mr. Bohlinger opined that with ail existing, approved and proposed antennas; the maximum load of the overall structure would be in the 99" percentile. He noted that the maximum load percentage varied at different height angles. Mr. Eben asked about the angles or pieces of steel that are at the maximum load; did Mr. Bohlinger think they should be replaced or repaired; Mr. Bohlinger said the current safety was more than 100%. Mr. Klein said he recalled some reports from previous applications indicated some repairs were in order - bolts and rust issues. Mr. Bohlinger said he had been at the tower that day; he had examined it in detail and did not notice any severe rust. He opined the tower was in good shape. Vice Chairman Weston asked Mr. Bohlinger if based on his reading of the report, how far away did he think the tower was from being maxed out; what was the threshold. Mr. Bohlinger said there was no real threshold; it could continue to be reinforced. Mr. Russo asked Mr. Bohlinger if based on his reading of the report he thought there were any public health, safety or welfare issues. Mr. Bohlinger answered in the negative. Responding io inquiry from Mr. Grygiel, Mr. Bohlinger confirmed he was a professional engineer licensed in the State of New Jersey. NAPLANNING. BRD\WPAMINUTES|20 1 4\4-2-14 Minutes.doc

There were no questions for Mr. Bohlinger from the Public Advocate or Public. Mark Gonzalez, Director of Engineering, Communication Infrastructure Corporation (CIC), was sworn in, stated his credentials, and was accepted by the Board to be an expert in radio frequency. Mr. Gonzalez told the Board that CIC was a servicing firm that designed, installed and sometimes serviced microwave dish antenna systems for clients. He described how the proposed antennas fit in to a network scheme from Secaucus to Chicago. He said the proposed antennas would operate in full compliance with FCC requirements. There were no questions for Mr. Gonzalez from the Board, Public Advocate or Public. Daniel J. Collins, Chief Technical Officer, Pinnacle Telecom Group, LLC, was sworn in, stated his credentials and was accepted by the Board to be an expert in radio frequency compliance. Mr. Collins confirmed that he had performed an analysis on the proposed as well as existing dish antennas at the site; as a whole they were one-hundred-ihirly times below the FCC. requirement standard; the antennas were well within compliance. The individual antennas on average used less than one-watt of energy. There were no questions for Mr. Collins from the Board, Public Advocate or Public. Mr. Pryor advised the Board he had no further testimony. There were no comments from the Public regarding the Application. The Board deliberated on the Application. Conditions: 1. All open permits to be resolved, updated or closed to the satisfaction of the Building Code Official; 2. Property owner to remove any unused or abandoned equipment or debris from site; 3. All unused or inoperable antennas to be removed from tower structure prior to installation of Applicant's new antennas; 4. Applicant to provide updated correspondence from the property owner and structure owner that any maintenance or structural issues had been repaired; 5. Applicant shall provide survey certification of the actual height of the tower struciure. The Board voted on the Application as follows: Motion: Vice Chairman Weston Second: Mr. Ghebremicael Bagoff: - Carlucci: Yes Eben: Yes Ghebremicael: Yes Gurland: Yes Klein: Yes Lester: Absent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Absent Vice Chairman announced a brief recess at approximately 8:59 P.M. The meeting reconvened at approximately 9:07 P.M. Vice Chairman Weston

sent McCartney: Yes Weston: Yes Wilkes: Absent Heller: Absent Vice Chairman announced a brief recess at approximately 8:59 P.M. The meeting reconvened at approximately 9:07 P.M. Vice Chairman Weston indicated that Mr. Ghebremicael had excused himself from the meeting. PB-14-03/Valley Road Residential, LLC (Former Harvard Press Site) Block: 9; Lots: 1, 7, 44, 50, and 56; Zone: MUBR 22-26 Central Avenue; 9-15 Mitchell Street Final Site Plan NAPLANNING. BRD\WP\MINUTES\201 4\4-2-14 Minutes. doc 6