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

by what they proposed to do and that since they have an FCC license, it indicates they are serving the general welfare and this met the positive criteria. He pointed out that the area was particularly suited for the use intended and there would be no detrimental effects to anyone and it would not impair the master plan or the zoning ordinances of the Township of West Orange or the Municipal Land Use Law as it affected the site; and WHEREAS, the report filed by Susan Borg, Township Planner and her testimony were considered by the Board; and WHEREAS, the Board members questioned the various witnesses and their attorney; and WHEREAS, Barry Moskowitz, the Public Advocate did not conduct any questioning of the witnesses; and WHEREAS, no one else appeared at the meeting and no one else testified in favor of or in opposition to the project; 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 as Findings of Fact of this Board as if set forth at length herein and made a part hereof; and THE BOARD HAVING MADE THE FOLLOWING SPECIFIC FINDINGS OF FACT AND CONCLUSIONS: A. Applicant is a tenant of the Montclair Golf Club for the use of the water tower located at 25 Prospect Avenue, West Orange, New Jersey, being Block 151, Lots 1, 5, 7, 11, 14, 15.01, 23, 34, 37, 41, 45.01 and 49 on the Tax Maps of 4

the Township of West Orange and located in the R-2 zone. The West Orange Planning Board adopted Resolution PB-88-1 on February 3, 1988 approving the site plan presented for the site at that time. By Resolution PB-88-33, adopted December 7, 1988 the West Orange Planning Board approved an amended site plan presented at that time. By Resolution ZB-91-24 the West Orange Board of Adjustment adopted on April 21, 1992 Nynex Mobile Communications was granted the right to install antennas on the water tower in question. The Applicant requires two “D” variances, one to be permitted to install 12 antennas on the water tower at 25 Prospect Avenue, West Orange, New Jersey, being 3 groups of 4 antennas each which is a non-permitted use and therefore requires the variance, together with a height variance which requires the use of the existing facility which is 100 feet and in excess of that which is permitted and therefore requiring a “D” variance. They also seek preliminary and final site plan approval. The Board was advised that they will also install an equipment shed at the base of the water tower that will house all of the radio frequency equipment and the Board was advised further that the added weight to the tower would not be a danger or cause the tower to fall or crumble. The Board was advised that ifthe application was granted the Applicant would be the third wireless communications carrier on the water tower as it is 5

presently occupied by Omnipoint and Nynex. The proposed use is not intrusive and does not require any use of the Township’s services as it does not generate trash or noise or any emissions that involve odors or anything dangerous to the community and that the radio frequency emissions are in accordance with the standards of FCC who had licensed the Applicant. From the testimony presented it appears that there are many special reasons for the granting of the proposed relief as enunciated by the licensed planner and that the proposed use is tantamount to an inherently beneficial use and provides a benefit to the general public and would have no adverse effect upon the public good and would not substantially impair the intent of the zoning plan and master plan and zoning ordinances and will have no adverse effect upon the Municipal Land Use Law. The proposed installation and use is designed to blend in with the character of that which is there and with the character of the neighborhood and will not impact negatively on the surrounding area and represents an improvement of ihe existing facilities. There will not be any adverse impact to the health, safety or welfare of any other properties or persons in the area or to passers by or by users of the facilities. The purposes of the Municipal Land Use Law will be advanced by the grant of the two “D” variances.

The granting of the “D” variances will not substantially impair the general purposes of the West Orange Master Plan or Zoning Ordinances of West Orange. The benefits of the variances will substantially outweigh any detriment and will not substantially negatively impact on the surrounding properties and neighborhood. The proposed installation and use are not out of character with the neighborhood and will enhance the property, and will enhance the area and benefit the general welfare of the general public and surrounding area. The proposed installation and use do not pose any threat to the safety and well being of anyone in the surrounding area. A motion to grant the Applicant’s request for a “D” variance to add 12 antennas to the existing water tower at 25 Prospect Avenue, West Orange, New Jersey and to install an equipment cabinet to house the equipment at the base of the tower, and for a “D” variance for the height of 100 feet instead of what the ordinance requires and for approval of the preliminary and final site plan was made by John Blind and seconded by John McElroy and voted upon as follows: AYES Blind Buechler Flannery McElroy Ricci Spango Sullivan NAYS ABSTENTIONS 0 0

NOW, THEREFORE, BE IT RESOLVED, that the Zoning Board of Adjustment 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 Applicant, Nextel of New York, Inc. d/b/a Nextel Communications, a “D” variance to install 12 transmitting and receiving antennas on the existing water tower at 25 Prospect Avenue, West Orange, New Jersey, and a“D” variance for the height of 100 feet as it exists for the water tower instead of that which the ordinance permits, and for the approval of the preliminary and final site plan, subject to the following conditions; and BE IT FURTHER RESOLVED, that the grant of said variances shall be conditioned upon the Applicant’s full and complete satisfaction of the following conditions: i All radio equipment shall be inside the equipment shed that shall be installed at the base of the water tower. 2. The equipment shed and antennas shall match the color of the water tower. 3. The Applicant shall furnish the Township of West Orange a billing address for this location. 4, Prior to the adoption of this Resolution and not later than September 12, 2002, the Applicant shall provide the Engineering Department of the Township of West Orange with a letter signed by their appropriate authorized person indicating that the added weight that will be involved in installing the antennas on the water tower will not have an adverse effect so as to create no danger to the structure of the water tower.

5. All Findings of Fact and Conclusions of Law set forth herein are deemed conditions that are binding upon the Applicant. 6. The approvals granted are subject to West Orange Fire Department approval. 7. Applicant shall execute prior to the issuance of a 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 West Orange, who shall be furnished with a copy of this resolution. No Certificate of Occupancy or Certificate of Approval shall be issued until receipt ofan executed Affidavit of Compliance approved and signed by the Zoning Official. Moved By: — chaixman Buechler Seconded By: = mr. Flannery Those in Favor: 5° Those Opposed: 0 Abstentions: 0 Thereby certify that the foregoing Resolution was adopted by the West Orange Zoning Board of Adjustment of the Township of West Orange at its meeting of September 19, 2002 memorializing the resolution adopted August 22, 2002 granting the application by a vote of 7 in favor and 0 against. eA NORA ™M YERS, Board Secretary Dated: ~ october 17, 2002

Signed Site Plans Required Prior to the Issuance of Building Permits PB-04-16 MONTCLAIR GOLF CLUB 25 PROSPECT AVENUE RESOLUTION OF THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE Granting preliminary and final site plan approval with variance to construct additions totaling 999 square feet to the existing clubhouse. WHEREAS, the Planning Board of the Township of West Orange, at a meeting held on September 8, 2004, considered the application for preliminary and final site plan approval with variance to construct additions totaling 999 square feet to the existing clubhouse, on property located in the R-2 Zone, identified as Block 151, Lots 1, 5, 7, 11, 14, 15a, 23, 34, 37, 41 and 49, which was submitted by the Montclair Golf Club (the “Applicant”), through its attorney, Douglas R. Henshaw, Esq.; and WHEREAS, the Planning Board considered the presentation of Douglas R. Henshaw, Esq., attorney for the Applicant; and heard and considered the testimony of Frank Rawdling, the Applicant's architect (licensed in New Jersey as an architect, and qualified in that capacity by the Board); and considered the architectural drawings dated July 14, 2004; and heard and considered the testimony of George Derrick, the Applicant’s engineer/ professional planner (licensed in New Jersey as an engineer and

a professional planner, and qualified in both capacities by the Board); and considered the site plan dated July 16, 2004; and heard and considered the testimony of Christian Potthoff, the Applicant’s Golf Club General Manager; as well as questions and comments from Board members as shall appear in the Board's minutes and/or a transcript for the meeting of September 8, 2004; 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 September 8, 2004; and WHEREAS, the Applicant requested preliminary and final site plan approval with variance to construct additions totaling 999 square feet to the existing clubhouse; 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: 1. This is an application for preliminary and final site plan approval with variance to construct additions totaling 999 square feet to the existing clubhouse. 2. The Board reviewed the site plan submitted to the Board, which site plan is dated July 16, 2004

3. The Board reviewed the architectural drawings submitted to the Board, which drawings are dated July 14, 2004. 4. The Board has recommended and the Applicant has agreed to the following additional conditions of approval: (1) If necessary, Site Plan Approval of the proposed development will be obtained from the Essex County Planning Board; {2) If necessary, soil erosion and sediment control certification will be obtained from the H-E-P Soil Conservation District; (3) All landscaping shall be planted in accordance with the approved landscape plan and shall be maintained in healthy and vigorous condition; all plants, shrubs, and trees that die shall be replaced with landscape materials of equal or better quality; (4) All findings of fact and conclusions of law set forth herein are deemed conditions that are binding on the Applicant; (5) Before a Temporary or Final Certificate of Occupancy/Approval can be issued, the Applicant shall submit proof to the West Orange Director of Planning that all real estate taxes are paid and current; and

(6) Before a Temporary or Final Certification of Occupancy/Approval can be issued, the Applicant shall execute and submit to the West Orange Director of Planning, an Affidavit of Compliance certifying that all conditions of approval agreed to by the Applicant and set forth herein have been fulfilled and satisfied. 5. The Applicant is granted waivers for environmental impact statement and for a traffic study. NOW, THEREFORE, BE IT RESOLVED that this application for preliminary and final site plan approval with variance to construct additions totaling 999 square feet to the existing clubhouse is unanimously approved in accordance with the site plan and architectural plan, subject to the additional conditions set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED that the following Cc-2 variance is required: Minimum parking required for addition of 999 square feet to property - 22 spaces, 0 proposed, approved. The Applicant's professional planner, George Derrick, testified and the Board found through his testimony that the C-2 variance could be granted because the requested variance met the purposes of the Municipal Land Use Law, specifically (i) providing a benefit to Club members by providing a larger locker