West Orange Compiled ZBA Application 5 15 24

Applicant also seeks a variance pursuant to N.J.S.A. 40:55D-70(d)(6) for the height of the lightning masts where the masts are proposed at 70 feet and the Ordinance permits a maximum height of 35-feet. The Applicant also seeks a variance pursuant to N.J.S.A. 40:55D-70(c)(2) because the proposed height of the security fence is eight (8) feet which exceeds the permitted Beight of fences of six (6) feet. Applicant also seeks prefiminary and final site plan approval. Due to the nature of the proposed use, the design of the site and proposed improvements, and the onsite operational management of the facility, there will be no adverse impact to the health, safety or welfare of the existing residents in the area or the surrounding area. Upon completion of all site improvements, and landscaping, that there will be no deterioration of the neighborhood or surrounding area. Proposed use will provide increased reliability to the electric grid which will inure to the benefit of the general public. Therefore, the proposed use is an inherently beneficial use. The location is particularly well suited for the intended purposes and has been in use for over 75 years as a switching station. The existing character of the site will be maintained and the proposed improvements will upgrade the facility and will not negatively impact on the neighborhood or surrounding area.

M. The proposed improvements will inure to the benefit of the general public and will promote the public good and welfare and have no negative impact on the surrounding area. N. The site plan and proposed variances are such that there will be no adverse impact to the health, safety or welfare of the existing residents in the area, or to passersby, or to the surrounding area. O. The purposes of the Minicipal Land Use Law will be advanced by the approval of the site plan and the granting of the said use variances. P. The granting of said variances will not substantially impair the general purposes and intent of the West Orange Zoning Plan, Master plan or zoning ordinances of West Orange. Q. The benefits of said variances will substantially outweigh any detriment and will not negatively impact on the surrounding properties and neighborhood. R. The project as depicted on the site plan with granting of the variances is not out of character with the area, will enhance the utility of the property, and will considerably enhance the neighborhood and benefit the general welfare of the general public and surrounding area. Ss. There will no substantial detriment to the public good, A motion to grant Applicant two use variances for expansion of a non- conforming use and for the height of the lightning masts allow, and to grant a variance for an eight (8) foot high fence; and to grant preliminary and final site

plan approval was made by Mr. Neuer and seconded by Mr. Bullock and voted upon as follows: Ayes Nays - Abstentions Brunelle Yes Bullock Yes x Nuer Yes Spango Yes - Steinhart Yes Sussman Yes Ricci Yes 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 unto Public Service Electric and Gas Company two use variances for expansion of a non-conforming use and for the height of the lightning masts, and hereby grants a variance to permit an eight (8) foot high fence; and hereby grants preliminary and final site plan approval for the upgrade of utility facilities at the West Orange Switching Station; and BE IT FURTHER RESOLVED, that the grant of said variances and site plan approval shall be conditioned upon the Applicant’s full and complete satisfaction of the following conditions: 1. Applicant shall make necessary repairs to the brick pillars along the fence line on Prospect Avenue and shall paint the fence forest green or black. These repairs

shall be completed by May 1, 2007 and shall not be a pre-condition of a building permit. These repairs shall be completed to the satisfaction of the Township Planner and Engineer. 2. Applicant shall obtain Essex County Planning Board Approval or a letter indicating that an application to Essex County, Planning Board is not required. Applicant shall execute prior to issuance of a Certificate of Approval/Occupancy, an Affidavit of Compliance certifying they have fulfifled all required conditions, which shall be to the reasonable satisfaction of the Township Planner, Department of Engineering, and Township Building Department. 4. The Applicant shall comply with all of the recommendations of the Board’s landscape architect as described in her report dated January 9, 2007; 5. Applicant will examine the grass outside the fence as seen on Mt. Pleasant Avenue and Prospect Avenue and will seed where necessary and will also keep it weeded and or mowed. MOVED BY: Neuer SECONDED BY: Sussman THOSE IN FAVOR: 7 THOSE OPPOSED: 0 ABSTENTIONS: y Bambi Marchigano Zoning Board Secretary

- Date Resolution Adopted: TOWNSHIP OF WEST ORANGE - . AFFIDAVIT OF COMPLIANCE MUST BE SIGNED BEFORE C.0. OR C.C.0. IS ISSUED Name: Address: Zoning Board of Adjustment/ Planning Board Application # x Property Address: : _— Block: , Lot: : , Zone: I the applicant do hereby certify that all the conditions of the resolution stated in the above referenced application have been met, I do understand that if any of the foregoing Adams at (973) 325-41 19, to review and approve that all conditions in the resolution have been satisfied. Applicant’s Signature Date Swor to before me, Notary Public Signature & Seal Date T have inspected this application and certify that all the work is in compliance with the Conditions set forth in the resolution and the approved signed plans, Approved by Zoning, Official: Signature (Geniece Gary-Adams) Date E:\Forms & Awards\4 ffidavit of Compliance.doc

ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE RESOLUTION ZB-16-15 (PSES&G) WHEREAS, Public Service Electric & Gas Company (PSE&G) with an address at 4000 Hadley Road, 2™4 floor, South Plainfield, NU 07080, owner of the property located at 325 Mount Pleasant Avenue, West Orange, New Jersey 07052, (the “Applicant”) known as Block 155, Lot 26.01 on the Tax Map of the Township of West Orange, located in the O-R zone, filed an application with the West Orange Zoning Board of Adjustment (“Board”), for site plan approval with a “D-2” variance for expansion of a non- conforming use and a “D-6” height variance for the installation of three(3) foundations to support a new 73.5’ tall H-Frame Structure (when only 35 feet in height is permitted); and disconnect switch at its existing electrical substation facility located at the intersection of Prospect Avenue and Mt. Pleasant Avenue in the township; and WHEREAS, the Applicant presented proof that adequate notice of the hearing on the application was published in the West Orange Chronicle, one of the official newspapers of the Board; and 2515358.1

WHEREAS, the Applicant submitted proof of notice of the hearing upon all property owners within 200 feet of the property and all others required to receive notice; and WHEREAS, the Application was heard at a public meeting of the Board held on February 16, 2017; and WHEREAS, the Applicant was represented by attorney Glen Kienz, Esq.; and WHEREAS, Board members Bruce Buechler and Dr. Straker were recused from this application and did not participate; and WHEREAS, attorney for the Applicant Glen Kienz, Esq. addressed the issue of installation of sidewalks on the property which was the subject of a 2009 approval from the Board for this property, Mr. Kienz responded that originally the Count of Essex did not want sidewalks installed, but on the current application to the Essex County Planning Board for this application, the County requested that the sidewalks be installed, but approval will also be needed from the State of New Jersey; and WHEREAS, the Applicant offered the testimony of John Mele, a licensed professional engineer and planner in the State of New Jersey, who was accepted by the Board as such, Mr. Mele introduced an aerial photograph of the site, and pointed out where the new H frame, which will be the same height as the existing H frames, that all construction trailers will be removed within seventy-two (72) hours of receipt of a 2515358.1

certificate of occupancy for the structure and that’ the requested variances could be granted without impairment to the zone plan or zoning ordinance; and WHEREAS, at the hearing the following exhibits were marked into evidence: A-1 Letter from Essex County Planning Board date February 15, 2017; A-2 Aerial Photograph of Site; WHEREAS, the Board considered the January 18, 2017 and January 30, 2017 reports of Paul Grygiel, Acting Township Planner; and WHEREAS, Mr. Robert Rashkes, 35 Oak Crest Road, West Orange New Jersey questioned the Applicant’s attorney and made a public comment that the Township should receive all correspondence from PSE&G regarding the sidewalks. NOW THEREFORE the Board hereby makes the following Findings of Fact and Conclusions of Law: 1s The subject property is Block 155, Lot 26.01 and located in the O-R zone. Ze The Applicant seeks site plan approval with a “D-2” variance for expansion of a non-conforming use and a “D-6” height variance for the installation of three (3) foundations to support a new 73.5’ tall H-Frame 2515358.1

Structure and disconnect switch at its existing electrical substation facility. Bs While not a statutory inherently beneficial use, the electrical substation serves an important public purpose, and has been pre-existing at the current location for many years. 4. The proposed additional structure is the same height as existing structures. 5. The proposed structures are part of a plan to increase redundancy in the electrical system to _ prevent electrical outages. 6. The Applicant demonstrated that the “D-2” and “D-6” variances could be granted without substantial detriment to the public good and that then benefits of the deviation will substantially outweigh any potential detriments, and granting the variances will not substantially impair the intent and purpose of the zoning plan and zoning ordinance. NOW, THEREFORE, BE IT RESOLVED by the Zoning Board of the Township of West Orange, that the within application of PSE&G, as set forth hereinabove, is hereby approved, granting the Applicant site plan approval with “D-2” variance for the expansion of a non-conforming use and a “D-6” for the installation of three (3) foundations to support a new 73.5’ 2515358.1

tall elect H-Frame Structure and disconnect switch at its existing rical substation facility. NOW THEREFORE, BE IT FURTHER RESOLVED, that the above cited approvals are subject to the foilowing conditions: made and v Gabry Nash Quent Sande 1.The Applicant must file an application to install sidewalks on Mt. Pleasant Avenue and Prospect Avenue with the State of New Jersey Department of Transportation and the County of Essex within three (3) months of the date of this resolution. ie) If approval of the State of New Jersey and the County of Essex to install the sidewalks is received, the Applicant must install the sidewalks or contribute sufficient funds to have the Township install the sidewalks. 3. Applicant will work with the Township Planner to regarding the installation of trees or shrubs along the fence on Mt. Pieasant and Prospect Avenue. A motion to grant the Application as set forth above was by Mr. Neuer and seconded by Ms. Gabry oted upon as follows: Ayes Nays Abstentions Aye Aye zel Aye ts Aye 2515358.1