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

of Omnipoint Communications, Inc., to install 12 antennas on a water tank located at 25 Prospect Avenue, West Orange, New Jersey in Block 151, Lot 7 of the Tax Maps of the Township of West Orange being an R-2 Zone together with a height variance to permit them to be 93 feet above the ground instead of 35 feet as required; and for approval of the preliminary and final site plan; and it was further resolved that the foregoing grant of relief is based upon the Applicant performing the following conditions: 1. The antennas and cables to be installed shall be painted a color to match the color of the water tower. The fence around the building where the equipment is to be placed shall be repaired as required and have slats added. The windows on the building shall be repaired as required. The discoloration on the building shall be painted as required. The landscaping around the building shall be installed as shall be designated by the Township Planner. All Findings of Fact and Conclusions of Law set forth herein are deemed conditions that are binding upon the Applicant. Approvals granted herein are conditioned upon the West Orange Fire Department approval. The Applicant shall execute prior to the issuance of a Certificate of Approval or Certificate of Occupancy, an Affidavit of Compliance certifying that they have fulfilled all conditions set forth which shall be to the satisfaction of the Township Planner, Engineering Department, and Building Department of the Township of Page 6

‘West Orange, who shall be furnished with a copy of the resolution. No Certificate of Occupancy or Certificate of Approval for the addition shall be issued until receipt of an executed Affidavit of Compliance approved and signed by the Zoning Official. MOVED BY: yice Chairman Buechler SECONDED BY: Mr. McElroy THOSE OPPOSED: 0 THOSE IN FAVOR: 5 ABSTENTIONS: 0 Thereby certify that the foregoing Resolution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of March 21, 2002 and said resolution memorializes the action of the Board taken at its meeting held February 21, 2002, granting the application by a vote of 5 in favor and 0 against. 4 SV) © “ho. LEA Shel NORA MYERS, Board Secretary Page 7

PB-02-06 MONTCLAIR GOLF CLUB RESOLUTION OF THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE Granting preliminary and final site plan approval with a C-2 variance to construct a restroom and an irrigation reservoir on the existing golf course. WHEREAS, the Planning Board of the Township of West Orange, at a meeting held on May 1, 2002, considered the application for preliminary and final site plan approval with a C-2 variance to construct a restroom and an irrigation reservoir on the existing golf course on property located in the R-2 Zone, identified as Block 151, Lots 1, 5, 7, 11, 14, 15A, 23, 34, 37, 41, 45A, and 49, which was submitted by Montclair Golf Club (the “Applicant”), through its attorney, Arnold Kent, Esq.; and WHEREAS, the Planning Board considered the presentation of Arnold Kent, Esq., attorney for the Applicant; and heard and considered the testimony of George Derrick, the Applicant's engineer/planner (licensed in New Jersey as an engineer and as a planner, and qualified in both capacities by the Board); and considered the site plan and related drawings dated March 18, 2002, as well as photographs of the site; as well as questions and comments from Board members and from the public as shall appear in the Board’s minutes for the meeting of May 1, 2002; and

WHEREAS, a complete application has been filed, all fees required by Ordinance have been paid and it otherwise appears that the jurisdiction and powers of the Planning Board have been properly invoked and exercised; and the Board having conducted a vote on this application on May 1, 2002; WHEREAS, the Applicant has requested a waiver for the requirement to obtain an environmental impact statement; and WHEREAS, the Applicant requested preliminary and final site plan approval with a C-2 variance to construct a restroom and an irrigation reservoir on the existing golf course; NOW, THEREFORE, does the Planning Board of the Township of West Orange make the following findings of fact and conclusions of law with regard to this application: is This is an application for preliminary and final site plan approval with a C-2 variance to construct a restroom and an irrigation reservoir on the existing golf course. ar The Board reviewed the site plan and related drawings submitted by George Derrick, the Applicant's engineer/planner, which site plan is dated March 18, 2002, as well as photographs of the property submitted to the Board.

3. The Applicant is granted a waiver for environmental impact statement. 4. The Board has recommended and the Applicant has agreed to the following additional conditions of approval: (1) Landscaping around the restroom is to be added to the site plan, and submitted to the Director of Planning for approval; (2) The driveway gate off Pleasant Valley Way is to be slatted with grass-colored material; (3) The Applicant shall obtain any and all other governmental approvals that may be necessary including, but not limited to, a soil erosion and sediment control certification from Hudson-Essex-Passaic Soil Conservation District and a tree removal permit from West Orange; (4) The Applicant shall maintain all landscaping in good condition; (5) The Applicant shall supply the West Orange Director of Planning with an Affidavit of Compliance with all conditions agreed to by the Applicant; and (6) All findings of fact and conclusions of law set forth herein are deemed conditions that are binding on the Applicant.

NOW, THEREFORE, BE IT RESOLVED that the C-2 variance for parking (5 spaces required, 0 proposed) is approved. The Applicant’s engineer/planner, Peter Derrick, testified and the Board found that the C-2 variance could be granted because the purposes of the Municipal Land Use Law would be furthered in that the deviation would maintain adequate light, air, and open space and would maintain a desirable visual environment (the addition of 5 spaces would require the elimination of a nicely landscaped area); and the benefits of the variance would substantially outweigh any detriment and that there would be no detriment to the public good in that the restroom would not generate any additional demand for parking at the golf course, and that the golf course otherwise has an adequate number of parking spaces to accommodate patrons who use the golf course facilities, and the proposed restroom would provide a much needed facility for golfers using the course. NOW, THEREFORE, BE IT RESOLVED that this application for preliminary and final site plan approval with a C-2 variance to construct a restroom and an irrigation reservoir on the existing golf course is approved in accordance with the site plan, subject to the conditions set forth in this resolution.

The foregoing is a true copy of the resolution adopted by the Planning Board of the Township of West Orange. EO DD, AL none Elizabeth Visone, Board Secretary Planning Board of the Township of West Orange Dated: sume 5, 200%

BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE RESOLUTION / ZB-02-24 WHEREAS, Nextel of New York, Inc. d/b/a Nextel Communications, having its principal office at One North Broadway, White Plains, New York 10601, (“the Applicant”) has applied to the West Orange Zoning Board of Adjustment of the Township of West Orange, (“the Board”) for a “D” variance at add 3 groups of 4 antennas each for a total of 12 antennas to the existing water tower at the Montclair Golf Club located at 25 Prospect Avenue, West Orange, New Jersey and being Block 151, Lots 1, 5, 7, 11, 14, 15.01, 23, 34, 37, 41, 45.01 and 49 and being in zone R-2 and to install an equipment cabinet at the base of the tower and for a “D” variance for height which will be 100 feet existing instead of what is required by the ordinance, and for preliminary and final site plan approval; the Applicant being a tenant of the Montclair Golf Club, the owner, who has consented to the application in writing; 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 the hearing upon all the property owners within 200 feet of the property; and WHEREAS, the application was heard at a public meeting of the Board on August 22, 2002; and

WHEREAS, the Applicant made their presentation through Warren O. Stilwell, Esq., of law firm of Czura Stilwell, LLC; and WHEREAS, the admissions included Architectural Plans Z1 - Z4 prepared and signed by Frank Colasurdo, Licensed Architect of New Jersey, dated December 20, 2002 and a property survey prepared and signed by Michael Pronesti, Licensed Land Surveyor, dated April 17, 2002; and Resolution ZB-91-24 adopted by the Zoning Board of Adjustment of the Township of West Orange on April 21, 1992 for the placement of 3 whip antennas connected to the roof of the water tower, West Orange Planning Board Resolution PB-88-1 adopted February 3, 1988 approving the site plan presented by the then applicant for the subject location; and West Orange Planning Board Resolution PB-88-33 adopted December 7, 1988 approving the site plan presented which included the installation of a maintenance facility at subject location; and WHEREAS, the Applicant presented various witnesses who included Frances Boschulte, Radio Frequency Engineer, Alice Fahy-Elwood, Consultant to Nextel as a Health Physicist in safety analysis in this field, Gary Musciano, Licensed Architect of the State of New Jersey and James Dowling, Licensed Professional Planner of the State of New Jersey. Ms. Boschulte indicated the Applicant provides two way radio communication, walkie-talkie communication and the usual e-mail. She indicated that the FCC has licensed them to transmit and receive radio frequency which included public service to the police and fire department and the citizens of the area and were within the standards and requirements of the FCC.

Alice Fahy-Elwood indicated that the radio frequency signals complied with FCC regulations and offered no risk to anyone in the area by their use. Gary Musciano explained the plans and described that the water tower was 100 feet high and that it was not in jeopardy of being adversely affected by any additional weight that they would put on it. He indicated that all equipment for the 12 antennas that they sought to install would be installed in an equipment cabinet to be at the base of the water tank and would not show. He pointed out that they proposed to install 3 groups of 4 antennas each for a total of 12 antennas, They would be the third wireless communications carrier on the water tower already occupied by Omnipoint and Nynex. They indicated that they would follow the pattern of the present occupiers of the tower to camouflage the existing antennas and equipment and would continue to join with them in maintaining the area well as it is now. He indicated further that antennas could not be flush mounted because it was physically impossible to do so because of the other antennas being there. James Dowling, the Licensed Professional Planner of New Jersey, explained the reason for the “D” variance because the use is not permitted and that the height variance exceeded that which was permitted and was necessary as it was in place, being the water tower which could not be reduced in height. He indicated that the positive and negative criteria were met, that no town facilities would be used and that there was no detriment to the health and public welfare and no trash pick up and no burdens to the town systems. There would be a minimal change in the site by adding the antennas which would be hardly discernable. Mr. Dowling indicated there was no detriment to the public good or to the area 3