May 17, 2012

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING May 17, 2012 The West Orange Zoning Board of Adjustment held a regular meeting on May 17, 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: Gregory Bullock (8:06 pm), Deborah Gabry, Philip Neuer, Bart Quentzel (8:04 pm), William Steinhart, Mark Sussman, Alice Weiss ABSENT: Bruce Buechler (excused), Eric Sacks (excused) ALSO PRESENT: Susan Borg, A.LC.P., P.P., ALLA. Eric Keller, Consulting Engineer Board Attorney: Alice Beirne, Esq. Board Secretary, Rose DeSena Harvey Grossman, Public Advocate ANNOUNCEMENTS Future Meetings: May 24, 2012 (Special Meeting) — 8:00 PM « =ZB-12-06/Communication Infrastructure Corp. ¢ ZB-12-05/Seton Hall Preparatory School June 14, 2012 (Regular Meeting) — 8:00 PM July 19, 2012 (Regular Meeting) — 8:00 PM. August 16, 2012 (Regular Meeting) — 8:00 PM September 20, 2012 (Regular Meeting) — 8:00 PM ZB-12-06/Communication Infrastructure was cartied to 5/24/12 (Special mtg.) No further notice is required. ZB-12-02/DEKAB, LLC was carried to 6/14/12 per attorney request. No further notice is required.

DISCUSSION Cambria Suites Hotel (request for an extension) Note for the record that Mr. Steinhart recused himself and stepped down from the dais. Donna Erem, attorney for the applicant, approached the podium and explained to the Board that RX Realty and the lender have closed on the loan and the land swap. She stated that after the title and other documents are reviewed, the land swap will be completed. Ms. Erem also stated that an environmental review must be done and they are requesting an extension of three months but they will accept a two month extension. Mr. Mielbye, the authorized representative of the applicant, approached the podium and stated that the environmental testing was completed and that the land is clean. He stated that all that remains to be done is a matter of timing and having the lender on board. Mr. Mielbye said that he would prefer a three month extension. Chairman Neuer asked if there were any comments from the Board. Ms. Weiss stated that she appreciates that they have been submitting monthly updates and that she wants that to continue. She also stated that she suggests the Board extend for three more months and made a motion to approve until August 31, 2012, subject to continuing the requirement for submission of monthly written reports. Mr. Sussman and Ms, Gabry also suggested a three month extension and Mr. Sussman seconded. Alice Beime asked if the Board was approving an extension of the extension and Chairman Neuer said yes. The vote was as follows: Buechler: - Steinhart: Recused Bullock: Yes Sussman: Yes Gabry: Yes Weiss: Yes Quenizel: Yes Chairman Neuer Yes Sacks: : MINUTES Adopt Minutes: April 19, 2012 Chairman Neuer made a motion to have the “philtered” copy of the minutes, which he submitted to the Board, approved. He also commented on how comprehensive the minutes were. Mr. Bullock agreed and seconded it. Ail were in favor. SWEARING IN ‘Township Professional, Planning Director Susan Borg and Consulting Engineer, Eric Keller were sworn under oath.

APPLICATION 1. ZB-11-23/World Class Wireless, LLC Carried from 4/19/12 Biock: 84.01; Lot: 22.01; Zone: B-2 12 Marcella Avenue Seeking three (3)"D” variances for conditional use, more than one principal use and height to install two (2) wireless dish antennas on an existing tower. EXHIBITS A-4 Notarized letter dated 5/2/12 from Mountaintop Communication, LLC A-5 Photo simulations dated 12/13/11 A-6 Planners Report dated 2/2/12 A-Ta,b,c Enlarged photo simulations A-8 Aerial Photograph Board (part of A5) A-9 Aerial Photograph Board taken from Eagle Ridge A-10 Five (5) Photographs (Board) DISCUSSION Eric Goldberg, attormey for the applicant, approached the podium. Chairman Neuer noted for the record that, even though there was a court stenographer at the meeting, the only official transcript for this meeting, as with all of our meetings, is Ms. Dillon’s transcript. Chairman Neuer stated that he did not see the notarized letter, which the Board requested, from the owner of the tower stating that they would bring the tower up to code if the application was approved. Mr. Goldberg replied that he did submit the letter. After the letter was produced the Chairman asked to have it entered as Exhibit A4 in evidence. Mr. Goldberg called his first witness for the applicant. Tsvia Adar approached the podium and was sworn under oath. Ms. Adar detailed her educational background and professional experience. She stated that she worked for Dewberry and is a certified as a Planner in the State of New Jersey. Chairman Neuer accepted Ms. Adar as a licensed Professional Planner. Chairman Neuer asked Ms. Adar if she reviewed the submissions by the applicant. Ms. Adar said that she did and that she visited the site. She stated that the first time she went to the site she tried to get access to the Eagle Ridge Condos and was denied. Ms. Adar stated that the second time she went to Eagle Ridge, the Association Manager provided access and accompanied her to the spot where the towers were most visible. Mr. Goldberg asked Ms. Adar to describe her findings. She stated that the zone under the West Orange Zoning Ordinance where the tower is located permits microwave dishes to be placed on an existing tower. Ms. Adar stated that this is considered a second principal use on the property; it is a modification and a D2 variance is

required. She said that this is the only variance they are asking for and no other variances are required, Ms. Adar said that the applicant will comply with all of the conditions required for an additional second use. She detailed the positive criteria and said that this will promote public health safety and welfare. Ms. Adar stated that the applicant is an FCC licensee and is licensed to provide communication services to the general public and to financial institutions. She said that these dishes are capable of receiving and transmitting very large data and are better than fiber optic because the transmission is better. Ms. Adar stated that the tower is already in existence and that the dishes will be much lower than the top of the tower, approximately half of the height of the tower, and they will not change the visibility. Ms. Adar continued by saying that the reason they chose this location is because it is in the direct path that is needed for the transmission. She said that it is very difficult to find a tower that is appropriate for this technology because of the height. Ms. Adar also stated that the reason why this location is perfect and this facility was chosen is because there is no line of sight obstruction. Ms. Adar detailed the negative criteria stating that this installation will provide services to many institutions and will not have any adverse affects on health. She said that there will not be any noise traffic and will have minimal visible impact. Ms. Adar presented photo boards and stated that she wants to submit these photos that she took because they were not submitted with the application. Chairman Neuer asked Ms. Adar if she took these photos herself and prepared the boards without anyone else working on them with her and whether they fairly and accurately depicted the conditions which existed on the site on the dates of the photos; Ms. Adar replied yes. Chairman Neuer asked to have the photo simulations marked as Exhibit A5, in evidence and Ms. Adar’s report, dated 2/2/12, marked as Exhibit A6, in evidence, Ms. Adar presented enlarged photo simulations on another board. The Chairman asked to have them marked as Exhibits A7 a,b,c. Ms. Adar detailed what is depicted in these photos. Ms. Adar presented an aerial photo. The Chairman asked her if that was part of the AS package and she replied yes. He asked to have the aerial photo

s. Adar detailed what is depicted in these photos. Ms. Adar presented an aerial photo. The Chairman asked her if that was part of the AS package and she replied yes. He asked to have the aerial photo marked as Exhibit A8, in evidence as part of Exhibit AS. Ms. Adar detailed what was in this photo. Ms. Adar presented another set of photos stating that the dishes are not visible in these photos. She said that the first photo was an aerial photo taken from the Eagle Ridge development. Chairman Neuer asked to have the aerial photo marked as Exhibit A9 for identification, not in evidence. Ms. Adar then presented five (5) photos that were taken from Eagle Ridge. Chairman asked to have the five (5) photos marked as Exhibit A10, for identification. He asked Ms. Adar if they were photo simulations. Ms. Adar said that they are straight photos; not simulations. She said that two of the photos show a dash line where the dishes would be placed but other than that one item these are straight photos and not simulations. Ms. Adar went on to describe where they were taken from and what were in the photos. Chairman Neuer asked Ms. Adar if the photos accurately depict the conditions at the time they were taken and she replied yet.

Ms, Adar summarized by stating that the use is zoned for this use and there would be no detriment to the zoning ordinance. She also said that the tower is already there and utilizing it would be better than building a new tower there. Chairman Neuer asked Ms. Adar if she reviewed Ms. Borg’s report and she replied yes. He asked Ms. Adar if she had any comments regarding the report and she replied no. Chairman Neuer said that, in Ms. Borg’s report, she wanted to know why the applicant is using dishes instead of antennas. Ms. Adar said that the antennas will not work with this technology as explained in the Engineer’s report. Chairman Neuer asked if the Board had any questions for Ms. Adar. Ms. Gabry questioned photo #3 of the original set submitted, asking if the top of the trees will interfere with where the dishes are going to be located. Ms. Adar said that the dishes are not being directed towards the trees. Gerald Gurland approached the podium stating he lived at 296 Araneo Drive. Mr. Gurland stated that he appreciates the copies of the documents that he received but wants copies of all of the new documentation that were submitted this evening also. Yanmeng Gan approached the podium and stated that she lives at 140 Leonardo Drive. Ms. Gan asked Ms, Adar if the tower will support the new dishes. Ms. Adar stated that she did not address that in her testimony. Chairman Neuer stated that the structural integrity of the tower has State and Federal regulations defined as “G standard” and said that the owner of the tower has agreed to conform. Ms, Gan asked Ms. Adar if she said that the dishes cannot be seen because she finds that hard to believe that there is no visual affect. Chairman Neuer asked Ms. Adar if her testimony was not that there be zero visual effect but that there is very little visual affect and Ms. Adar said yes, because of its location. Ms. Gan asked Ms. Adar what benefit these dishes would be to the residents living in the Eagle Ridge development. Chairman Neuer said that Ms. Adar testified that the benefit was for the community at large and not specifically to the residents living in Eagle Ridge. Harvey Grossman approached the podium and asked Ms. Adar what the sizes of the proposed antennas being placed on the tower are. Ms. Adar stated that one is 6’ and one is 22” in diameter. There were no more questions from the public. Chairman

asked Ms. Adar what the sizes of the proposed antennas being placed on the tower are. Ms. Adar stated that one is 6’ and one is 22” in diameter. There were no more questions from the public. Chairman Neuer asked Mr, Goldberg to sum up. Mr. Goldberg stated that Ms. Adar was his last witness. He said that the applicant satisfied all of the criteria and has agreed to bring the tower up to the G code if they were approved.

Chairman Neuer asked if any members of the public had any opinions regarding this application or wanted to offer any testimony. He reminded them that there was a five minute limit. Gerald Gurland approached the podium and was sworn under oath. He stated he lived at 296 Araneo Drive and asked for clarification regarding the statement saying that the applicant will make changes to the tower. Chairman Neuer said that, currently, the tower meets the F code. He said that if they add to the tower then they have to upgrade to the G code. Mr. Gurland stated that he was also concerned with the wind velocity and wanted to know if the tower could sustain winds of 100 mph. Mr. Chang, the structural engineer for the applicant, approached the podium. Chairman Neuer stated that Mr. Chang was previously sworn and. continued under oath. Mr. Chang testified that, based on the new code, the tower will sustain 100 mph winds. Yanmeng Gan approached the podium and was sworn under oath. Ms. Gan stated that all of the residents of Eagle Ridge have concerns about health and their property values. Chairman Neuer closed the record and invited comments from the other Board members. Seeing none, he went on to say that he is not a big fan of these towers and explained why. He explained that this Board is created and governed by the Municipal Land Use Act and the Board’s power to act is circumscribed within the guidelines of the Zoning Ordinance. Chairman Neuer said that he was instrumental in having the other application for microwave dishes, which came before this Board, denied but he does not think this one should be. He said that if this application is to be approved the Board must include a condition which requires the owner to upgrade the tower. The Chairman stated that he has empathy for the residents of Eagle Ridge but reminded them that the tower was there before the development. He said that it is only two dishes they are installing, one 6’ and one 2’ in diameter and, although he does not like the comment that there is no visual impact, he thinks that the impact is not that harsh, Chairman Neuer said that he is of the opinion that the applicant has established the positive and negative criteria. He also stated that he appreciated the testimony of Mr. Chang who, in his opinion, is a very honorable man and very credible. Chairman Neuer presented a motion to approve the

e and negative criteria. He also stated that he appreciated the testimony of Mr. Chang who, in his opinion, is a very honorable man and very credible. Chairman Neuer presented a motion to approve the application with the condition that, prior to installation of the antenna, the applicant or owner of the tower will make the improvements to the tower to comply with the G standard as described in the two structural analysis reports prepared by Mr. Chang and as referenced in the reports of the Board Engineer. Mr. Steinhart seconded. The vote was as follows: Buechler: - Steinhart: Yes Bullock: Yes Sussman: Yes Gabry: Yes Weiss: - Quentzel: Yes Chairman Neuer —- Yes Sacks: -

DISCUSSION AUBURN DATA SYSTEMS, LLC — Request to modify application ZB-12-02 Michael Lavigne, Esq., attorney for Auburn Data Systems, approached the podium. Chairman Neuer explained why Mr. Lavigne was at this meeting. He explained that Mr. Lavigne represents the applicant for an application that was denied by this Board. Chairman Neuer explained that the applicant has the right to appeal their decision and, rather than doing that, they want to reduce the number of antennae they were originally proposing from five to two. He said that the applicant is here to amend the original application and needs this Board to reconsider the application because they have the right to do that. The Chairman opened the floor to Mr. Lavigne only in regard to the application for reconsideration. Ms. Weiss asked about the legal ramifications and asked if this was kind of a “re-do” and said that she thought this Board did not do that. Chairman Neuer stated that, in the rules of procedures of the Zoning Board of Adjustment section 6.03, which is entitled “Rehearing”, it justifies the applicant’s request to request a rehearing; the Chairman then read section 6.03 aloud. Chairman Neuer said that they are asking for permission to amend the application and to have the amended application be the subject of a rehearing. Ms. Beirne said that it is enough of an amendment to justify the rehearing. She said that they are asking to install iwo antennas instead of five. Mr. Lavigne began by describing why he was here, reiterating what the Chairman said and detailed what happened at the last hearing. Mr. Lavigne stated that the applicant will prepare a modified application for two dish antennas and install a cabinet within an existing building on the site. He also mentioned that the Board just approved an application similar to this one. Chairman Neuer specifically admonished Mr. Lavigne by declaring that whatever was decided in connection with the other application was not binding on this Board with regard to the Aubum application or amended application. The Chairman then asked if there were any questions from any of the Board members. Mr. Sussman asked what the sizes of the two antennas are that are being proposed compared to the five. Mr. Lavigne said that one will be 8’ and one will be 10”. There were no other questions from the Board. Chairman Neuer asked if any members of the