May 7, 2014

Chairman Heller announced a brief recess at approximately 8:50 P.M. The meeting reconvened at approximately 8:55 P.M. PB-14-02/World Class Wireless, LLC Block: 84.01; Lot: 22.01; Zone: B-2 12 Marcella Avenue Conditional Use Site plan to replace existing telecommunication antenna. EXHIBITS A-1 — Site Plan and General Notes (Sheet C-1), signed by Alec S. Norris, PE, Dewberry Engineers Inc., dated February 3, 2014 (last revision dated March 7, 2014); A-2 — Elevation View and Equipment Layout (Sheet C-2 ), signed by Alec S. Norris, PE, Dewberry Engineers Inc., dated February 3, 2014 (last revision dated March 7, 2014); A-3 — Aerial site photographs and photo simulations of proposed conditions (four sheets: Sheet 1 undated, Sheets 2, 3 & 4 dated 12/8/11, revised 4/14;); prepared by Tsvia Adar, PP, AICP, Senior Planner, Dewberry Engineers Inc.; A-4 ~ Aerial site photographs from Eagle Ridge Development (two sheets: Sheet 1 dated 6/17/2010, Sheet 2 dated 4/2/12; revised 4/29/14); prepared by Tsvia Adar, PP, AICP, Senior Planner, Dewberry Engineers Inc. DISCUSSION Eric S. Goldberg, Esq., Stark & Stark, P.C., attorney for Applicant, told the Board the Application was basically the same as the one just heard, with some modifications. He said that the Applicant currently had two antennas on the structure at a center line height of approximately 100-feet; one was a 6’ dish antenna that would remain in place; the plan was to replace the other existing 2’4” antenna with a new 6’ antenna; the height would increase slightly to a center line height of approximately 107-feet. Damian Ameen, RF Engineer, World Class Wireless, LLC, was sworn in, stated his credentials, and was accepted by the Board to be an expert in radio frequency engineering. Mr. Ameen explained the site was part of an existing point-to-point network system between Chicago and Newark. He said there were physical limits to how far signals could transmit, which necessitated setting up a series of transmitting locations. The site was the second to last location on the route; it was a repeater location. The plan was to re-route the end location from Newark to Secaucus; the existing dish was not adequate to carry the signal, for the signal to carry the point-to-point antennas had to be unobstructed. The proposed height of the new antenna would be at the minimum height needed to carry the signal clear

to carry the signal, for the signal to carry the point-to-point antennas had to be unobstructed. The proposed height of the new antenna would be at the minimum height needed to carry the signal clear of all obstructions. There would be no changes to the height of the tower structure. In response to inquiry from Mr. Goldberg, Mr. Ameen confirmed that World Class Wireless was FCC licensed. The Board, Township professionals and Public had no questions for Mr. Ameen. Alec S. Norris, PE, Dewberry Engineers, Inc., was sworn in, stated his credentials, and accepted by the Board to be an expert in civil engineering. Referring to Exhibit A-1, Mr. Norris described the existing conditions and proposed plan for replacing existing dish antenna with new dish antenna; he stated there would be no changes to the ground property, and no changes to existing cabinet. The site would be remotely monitored; no additional parking, paving or fencing would be required. in response to inquiry from Mr. Goldberg regarding the Consolidated Engineering report dated January 16, 2014, ail recommended structural modifications would be met prior to equipment installation. 5-7-14 Minutes Approved

The Board, Township professionals and Public had no questions for Mr. Norris. Tsvia Adar, PP, AICP, Senior Planner, Dewberry Engineers Inc., was sworn in, stated her credentials, and accepted by the Board to be an expert in planning. Referring to Exhibits A-3 and A-4, Ms. Adar described the property existing conditions and the proposed plan. She opined the changes to the site would be minimal; the height of the antenna change-out would be no higher than 110-feet. The site would be structurally sound; the tower would be reinforced and meet all uniform building codes. She opined the antennas met all ordinance requirements and the change-out did not result in an undue concentration of antennas; there was no negative impact. The Board, Township professionals and Public had no questions for Ms. Adar. Conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. All construction, use and

ruct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, ail exhibits introduced by the Applicant, and all terms and conditions of this resolution. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. Applicant to submit evidence of its compliance with the recommendations contained in the report of Consolidated Engineering, Inc. dated January 16, 2014 for improvements to the 5-7-14 Minutes Approved

structural integrity of the tower before the modifications proposed by Applicant herein may be installed. 8. Applicant to confirm that the foundations of the existing tower are structurally sufficient to support the tower per the report of Consolidated Engineering dated January 16, 2014 at page 5. 9. Applicant to remove all of its unused equipment and antenna from the site. 10. Applicant to notify the site owner that the site needs to be cleaned up and to provide proof of such notice. No building permits shall be issued until the has been cleaned up. The Board voted on the Application as follows: Motion: Chairman Heller Second: Dr. Bagoff Bagoff: Yes Carlucci: Yes Eben: Yes Ghebremicael: Yes Gurland: Yes Klein: - Lester: Absent McCartney: Yes Weston: Yes Wilkes: Yes Heller: Yes DISCUSSION Technical Review Subcommittee Ordinance and Application Process Carried from the April 2, 2014 regular meeting. Mr. Weston gave a brief recapitulation of the discussion of the April 2, 2014 meeting regarding the Technical Review Subcommittee Ordinance and Application process. He said that Mr. Grygiel had issued a memo after that meeting regarding his comments and thoughts on the process. Mr. Grygiel said he had issued a memo dated April 9, 2014 for distribution to the Board. He explained the main points of the memo were questions he had posed at the April regular meeting. He said the primary question to be addressed - what was the purpose of Technical Review. He gave a brief recapitulation of issues for discussion. He explained that the existing rules and regulations were not being followed. The rules indicated that all applications were subject to technical review (including Zoning Board applications); the committee was supposed to include only one member of the Planning Board; and it was unclear if Municipal Land Use Law (MLUL) allowed a committee to review applications that did not require site plan approval. He opined that the Board might consider reviewing the ordinance to clarify exactly when site plan approval was required. He stated the ordinance itself had issues; he asked the Board to decide if the ordinance should be followed as written, or amended. He discussed how the Downtown Alliance could take over design review for downtown businesses, however, that would not address businesses outside the SID zone. He cited examples of how other townships

He discussed how the Downtown Alliance could take over design review for downtown businesses, however, that would not address businesses outside the SID zone. He cited examples of how other townships determined the review process. He suggested the Board might consider going in the direction of establishing a Site Plan Review Advisory Board to vet both Planning and Zoning applications. Council President McCartney said the original intent of the Technical Review Subcommittee was to be an advisory entity. It was important for a business owner to be aware of the requirements of all departments within the Township in order to open a new business; she said the advisory committee should facilitate the process. Mr. Eben said he wanted to make sure there was consistency in submissions; when was a site plan required; what plans were required for submission. He said that commercial properties required submissions prepared by licensed professionals; only homeowners could submit hand-drawn plans. He 5-7-14 Minutes Approved

said he had a problem with the determination between a change of use and a change in tenancy. He opined the resuit was that businesses were being hurt by having unnecessarily going through the application process. Mr. Weston said he had been on the Technical Review Committee for a long time; he said it had been set up with the best of intentions. He agreed with Mr. Grygiel’s assessment that the procedures were not following the ordinance. He suggested that with the help of the Board professionals and counsel, the Board draft a recommendation to the Township Council to do away with the Technical Application; additionally, he suggested the Board revert back to an advisory site plan review comprised of the Township professionals and one member of each Board; that could review site plan applications in an effective way to streamline the process and make it more consistent with prevailing processes. Mr. Gurland opined the Technical Review process was helpful for the larger site plan applications. Chairman Heller said he would like to see the monetary threshold eliminated from the ordinance. Dr. Bagoff opined the Technical Review Committee did help smaller Applicants maneuver through the process by informing them of the requirements of other Township departments, i.e., Health Department and Building Department. He opined that in lieu of the Technical Applications; and with the input of other departments, a checklist of requirements be provided to assist the smaller business owner in the process. Chairman Heller requested Mr. Grygiel prepare a framework of modifications to help the Board in drafting a recommendation to Township Council. Dr. Bagoff suggested that once the recommendation and checklist had been drafted, the documents be submitted to the Construction Official and Zoning Official for their comments before a final recommendation was sent to the Township Council. Chairman Heller announced a Planning Board special meeting would be held on May 21, 2014 in Council Chambers at 7:30 P.M.; the next Planning Board regular meeting would be held on June 4, 2014 in Council Chambers at 7:30 P.M. Council President McCartney advised she would be recusing herself from the May 21, 2014 Special meeting. MEETING ADJOURNED at approximately 9:40 P.M. Minutes adopted July 2, 2014 — i = Robin Miller, Planning Board Secretary Township of West Orange JHE NEXT

rself from the May 21, 2014 Special meeting. MEETING ADJOURNED at approximately 9:40 P.M. Minutes adopted July 2, 2014 — i = Robin Miller, Planning Board Secretary Township of West Orange JHE NEXT REGULAR MEETING OF THE PLANNING BOARD WILE BE WEDNESDAY AUGUST 6, 2014 AT 7:30 P.M. IN COUNCIL CHAMBERS 10 5-7-14 Minutes Approved