PB 22 11 Dated 22 9 16 Montclair Golf Club Planning Board Application Irrigation Prior Resolutions

Signed Site Plans Required - Prior to the Issuance of Building Permits PB - 96 ~ 19 RESOLUTION GRANTING PRELIMINARY AND FINAL SITE PLAN APPROVAL AND VARIANCE 25 PROSPECT AVENUE BEING BLOCK 151 LOT 1 ZONE R-2 MONTCLAIR GOLF CLUB WHEREAS, the Planning Board of the Township of West Orange at its meetings held on October 2, 1996 and October 9, 1996 considered the application for preliminary and final site plan approval for the premises of Montclair Golf Club at 25 Prospect Avenue, West Orange, New Jersey, being known as Lot 1, Block 151, Zone R+2, West Orange, New Jersey, which application was submitted by Montclair Golf Club through its attorney, Arnold R, Kent, Esq.; and WHEREAS, the Planning Board considered the presentation of Arnold R, ; ‘ Kent, attorney for applicant and the testimony of Alan Gamble, Montclair Golf Club Manager and George E. Derrick, P.E., Langen Engineering & Environmental Services Inc., the applicant's engineer and Exhibits Al through AS; and WHEREAS, the general public was given the opportunity to be heard, the Planning Board made the following findings of fact: 1. The applicant is continuing its existing conforming use. 2. The applicant intends to make improvements to the existing club house by enclosing the existing porch to create a lounge/bar room (1,456 square feet); construct a new porch adjacent to the existing porch (1,000 square feet); add a vestibule to the driveway located on the southeast corner of the building and construct a porte cochere over the driveway at the front entrance of the club house. 3. The proposed new porch and lounge creates the need for 36 additional

parking spaces and the applitant has requested relief from Section 25-3.5B of the Township Zoning Ordinances and relief has been requested by applicant under N.J.S.A, 40:55-70 C2. 4, No environmental impact statement shall be required because of the type and nature of the modification, construction and renovation as the use not having changed since the last application. 5. The Township of West Orange, Department of Public Works has advised the Planning Board through Leonard R. Lepore, Municipal Engineer and Director of Public Works that it has no comment on this application. 6. The proposed modification, construction and renovation will not impact upon the surrounding area. 7. Construction and modification will not result in any new club members or intensified activities, 8. No additional events will take place as a result of prospective alterations. 9. No additional police or fire or municipal services will be required, 10, Addition of porte cochere will enhance safety of entrance and contribute to appearance, 11. Construction and modification will result in ease of egress and ingress for disabled. 12. No new members are ‘proposed nor are any additional events proposed as a result of the modification and construction, therefore, no further parking is needed for club purposes. Present parking is adequate for club purposes. 13, Internal functions will be enhanced - interior flow will eliminate crowding. - 14, Existing landscaping and trees fronting on Prospect Avenue will be

retained. 15, Present open space will be conserved and no black-topping will be required - visual environment preserved along with maintaining good design. 16. Proposed variance will not affect the character of the area nor the economics, health, and safety of the area, 17, Intent of the Zoning Ordinance will be enhanced, 18, Minimal effects, if any, on Zoning and Planning. 19, Variance from Section 25-3.5B of the Township Zoning Ordinance for 36 parking spaces can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zoning Ordinance. 20. Signage subject to the approval of the Township Planner. NOW, THEREFORE, BE IT RESOLVED, that applicant is granted a waiver from the requirements of providing an environment impact statement. NOW, THEREFORE, BE IT RESOLVED, that the applicant's request for preliminary and final site plan approval be and is hereby granted; and BE IT FURTHER RESOLVED, that applicant's requested relief from Section 25-3.5B of the Township Zoning Ordinance pertaining to the requirement for an additional 36 parking spaces be and is hereby approved. The foregoing is a true copy of the resolution adopted by the Planning Board of the Township of West Orange. Dated: October 9, 1996 a Wyant. a WAGNER, U Secretary

PB ~ 97 - 22 RESOLUTION GRANTING PRELIMINARY AND FINAL SITE PLAN APPROVAL 25 PROSPECT AVENUE BEING BLOCK 151 LOT 5 ZONE R~2 MONTCLAIR GOLF CLUB WHEREAS, the Planning Board of the Township of West Orange at its regular meeting held on September 3, 1997 considered the application for preliminary and final site plan approval for the construction of a 526 square foot addition to the existing pump house, which application was submitted by Montclair Golf Club through its attorney, Arnold R. Kent, Esq.; and WHEREAS, the Planning Board considered the presentation of Arnold R. Kent, attorney for applicant and the testimony of George E. Derrick, P.E., Langen Engineering & Environmental Services Inc., the applicant's engineer and Exhibits Pl and P2; and WHEREAS, the general public was given the opportunity to be heard, the Planning Board made the following findings of fact: 1. The applicant is continuing its existing conforming use. 2. The applicant intends to construct an addition of 526 square feet to the existing pump house which pump house is situate approximately 2000 feet from Pleasant Valley Way, 1170 feet fram Seaman Road, approximately 980 feet from the nearest premises located on Wayland Drive and approximately 1000 feet from Prospect Avenue. 3. The Towmship of West Orange, Department of Public Works has advised the Planning Board through Leonard R. Lepore, Municipal Engineer and Director of Public Works that it has no comment on this application.

5. The Township of West Orange, Department of Planning and Development has. advised the Planning Board through Susan Borg, P.P., A.I.A., Director of Planning and Development that it has no comment on this application. 6. The proposed.modification, construction and renovation will not impact upon the surrounding area. NOW, THEREFORE, BE IT RESOLVED, that the applicant's request for preliminary and final site plan approval be and is hereby granted for the construction of a 526 square foot addition to the existing pump house pursuant to Exhibits Pl and P2 submitted by Langen Engineering & Environmental Services, Pump House Addition, Montclair Golf Club, West Orange, New Jersey, dated July 25, 1997, Drawing No. 19.01. The foregoing is a true copy of the resolution adopted by the Planning Board of the Township of West Orange. patea: Cae & , 1997 adlahea Dries Se WAGNER, Segtetary

BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE RESOLUTION ZB-01-30 WHEREAS, Omnipoint Communications, Inc., having its main office at 11 Highpoint Drive, Wayne, New Jersey, 07470, (“The Applicant”) has applied to the West Orange Zoning Board of Adjustment (“The Board”) as tenant of Montclair Golf Club, the owner of the facility who has consented to the application for a “D” variance to install 12 antennas on an existing 100 feet tall water tower and for a height variance because the antennas will be at a height not to exceed 93 feet which will exceed the maxim height permitted of 35 feet, to be erected on the 100 foot tall water tower located on the Montclair Golf Club property at 25 Prospect Avenue, West Orange, New Jersey, being Block 151, Lot 7 on the Tax Maps of the Township of West Orange and located in an R-2 Zone which does not permit the antennas and which would now have two primary uses on the site since there is an existing antenna on the water tower; and for preliminary and final site plan approval; and WHEREAS, the Applicant presented proof that adequate notice of the hearing on said application was published in The West Orange Chronicle, one of the official newspapers of the Board; and WHEREAS, the Applicant submitted proof of service of notice of the hearing upon all property owners within 200 feet of the property; and WHEREAS, the application was heard at a public meeting of the Board on February 21, 2002; and Page 1

WHEREAS, the Applicant was represented by Albert E. Cruz, Esquire, who presented the application at the hearing appearing for the law firm of Bateman, Coley, Yospin; Kunzman, Davis, and Lehrer, P.C; and WHEREAS, submissions included plans prepared and signed by Peter M. Longo, Professional Engineer of the state of New Jersey dated September 13, 2001 which included Cover Sheet, Radius Map, Site Map, and enlarged Site Plan, Elevation and Details; and WHEREAS, vatious witnesses were presented by the Applicant’s attorney in support of their case who included Peter M. Longo, Licensed New Jersey Professional Engineer and Janice Talley, Licensed Professional Planner of the State of New Jersey, and Jonathan Link, Radio Frequency Engineer. Mr. Longo described the proposed installation of 12 antennas on the existing 100 foot tall water tower that would require the “D” variance in that the antennas were not permitted and in that it was a second use for the site which had an existing antenna on the water tower. He further pointed out that a height variance was needed indicating the proposed antennas will be 93 feet high and therefore exceed the requirement of 35 feet. Janice Talley pointed out that this was an application that involved a site that was particularly suited for their purposes because they would use an existing building rather than build a new one and that there would be no impact on the surrounding buildings or area and that no services of the Town would be utilized and no traffic would be generated as it would involve a monthly inspection by a technician to make sure that everything was in order. She further pointed out that the Applicant had an FCC license and that the granting of the license covers the aspect of special reasons. Further since it is an inherently beneficial use, it meets the requirement of the Page 2

positive criteria, Further she pointed out that they would service the entire area and surrounding area and that there was 911 capability with access to the wireless internet. She further pointed out that there was no detriment to the application for the site which was well suited for the use and that the variance sought could be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of Zone Plan and Zoning Ordinances. The installation would blend in with the water tower as the antennas would be painted the color of the tower and there would be no intrusion on the site as the water tower was already there; Jonathan Link confirmed that Applicant has an FCC license which includes West Orange for telephone service and E mail, He described how the 12 antennas would be attached to the water tank and there would be 3 cabinets about the size of a wide refrigerator that will be inside the enclosed building. He pointed out that no noise will emanate from the site and that what they proposed would provide needed telephone service for the area; and WHEREAS, various members of the Board questioned the various witnesses and their attorneys; and WHEREAS, the comments and report of Susan Borg, Township Planner, were considered; and WHEREAS, no members of the public appeared in opposition to or in favor of the application; and WHEREAS, no one else testified in favor of or against the application; and WHEREAS, all the facts and data contained in the submitted application and all the facts and testimony adduced at the public hearing on said application are incorporated herein Page 3

as Findings of Fact of this Board as if set forth at length herein; and THE BOARD HAVING MADE THE FOLLOWING SPECIFIC FINDINGS OF FACT AND CONCLUSIONS: A. Omnipoint Communications, Inc., the Applicant is the tenant of Montclair Golf Club, at premises 25 Prospect Avenue, West Orange, New Jersey, being Block 151, Lot 7 on the Tax Maps of the Township of West Orange and involving the installation of 12 antennas on an existing 100 foot tall water tower. The owner of the property, Montclair Golf Club, has consented in writing to the application. The property is located in the R-2 Zone which does not permit antennas so as to require a “D” variance. In addition this will create a second use on the same lot as there is an existing antenna on the water tower; and two uses are not permitted without the “D” variance. The antennas will be 93 feet high and thus exceeding the maximum height of 35 feet so as to require a variance for same. The proposed use will not involve the use of any Township services and will not generate any traffic because only one technician comes there monthly to check on the facility. The proposed use is inherently beneficial and the site is particularly suited because they are using an existing water tower on which there already is a commercial antenna and not building another installation or using another site. This is Page 4

consistent with providing special reasons for what is an inherently beneficial use and will provide needed communication services to the area including 911 capability. Granting the proposed installation will not impair the intent and purpose of the Zoning Ordinances and Master Plan of the Township of West Orange and will not cause any substantial detriment to the public good and will not present an adverse visual blight as the antennas will be mounted to an existing tank. The Applicant has satisfied their burden of proof insofar as meeting the positive and negative criteria and has shown the need for a height variance as well as the antennas will be 93 feet high and the ordinance requires 35 feet, The application advances the purposes of the Municipal Land Use Laws emunciated in N.J.S.A. 40:55-d-2 and is consistent with the kind of development in the area. A Motion to approve the application to include various conditions as hereinafter stated was made by Bruce Buechler and seconded by John McElroy and voted upon as follows: AYES Abeles Buechler DeSacia McElroy Spango NAYS ABSTENTIONS 0 0 NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Adjustment of the Township of West Orange, based upon the Findings of Fact and Conclusions aforesaid, and upon the laws established in the State of New Jersey, hereby grants the application Page 5