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May 12, 2010

Minutes

The May 12, 2010 Special meeting of the Point Pleasant Beach Board of Adjustment opened at 7:30 pm. The clerk read the notice of compliance with the "Open Public Meetings Act. Present were regular members: Mr. Wolfersberger, Mr. Spader, Chairman Struncius, Mr. Reilly and Mr. Ardito


Application #2010-10 Metro PCS and #2010-11 Cellco d/b/a Verizon Wireless Partnership – Applicant’s propose to add a total of (18) panel antennas to top of water tank and (5) equipment cabinets at the base of the tank.

Michael Beck, attorney for both applicants. Applicant’s are here for preliminary and final site plan approval and conditional use approval to co-locate antennae’s on the municipal water tank. Town ordinance encourages as a first priority location to place on existing structures. The only variance required is because it is not located on five (5) acres.

Mark Nidel, FCC Compliance expert, sworn. Mark Nidel has a BA from Hofstra and has testified before over 100 boards. Credentials accepted. Testified that the radiation omitted is 90% below FCC requirements and also complies with New Jersey’s requirements as part of the New Jersey’s Radiation Protection Act. Jim Wolfersberger inquired about when the tank runs out of physical space? Michael Beck replied either when the municipality decides not to lease space or there is not enough space left. (Requirements are that they are placed 10 to 15 feet apart).

Exhibits entered

A 1 – Application
A-3 - Site plan
A-3 - Pinnacle Telecom Group Report
A-4 - Metro PCS coverage and overlay map
A-5 - Verizon Wireless Radio frequency Coverage Map
A-6 – Computer photo simulations by Planner

Audience Questions

Robert Ellsworth, 414 Philadelphia Avenue – Questioned if the transmissions will be raised above the 1%. (MB – no)How is that verified? When project is completed is there a compliance check? (MN – no) Mark Nidel replied that the equipment cannot be raised above the 1%, equipment is for a specific area.

Chirnab Master, sworn. Credentials - Master degree in Electrical Engineering from NJIT. Has been working in the field for four (4) years he is an expert in radio frequency design. He designs and optimizes the applicant’s cell sites. Metro PCS is licensed in New Jersey. Transmissions will not interfere with municipality’s emergency transmissions.

Michael Fisher, sworn. Credentials - BS in Electrical Engineering from Devry, Licensed Professional Engineer in the state of New Jersey and is testifying as an expert for Verizon. Testified as to placement of antennae and why additional coverage is needed.


Audience questions

Robert Ellsworth – 414 Philadelphia Avenue – What is your minimum height requirement? (MF – 120 feet) No difference in power wattage? MF - Difference is what is required for coverage; Different coverage needs are being met.

William Knapp - 100 Harvard Avenue – Will new equipment be needed when new technology is developed? MF – proposing twelve (12) antennas and they should not need anymore.

Steve Thedford – Philadelphia Avenue – What is the Minimum height that you can use for transmissions. MF – Would not make sense to put below the trees or homes.

Terrence Lulay, sworn – Professional Engineer – Credentials accepted – Proceeded to describe physicals upgrade to site. Metro PCS equipment will be located on the New York Avenue side of the tower. Equipment provided - Metro – exterior equipment with two equipment cabinets with backup batteries. Verizon will be located internally. Generator is housed inside to minimize noise. Generator is exercised once every two week on Wednesday between 8am through 10am (weather permitting-if there is a high ozone level they will not run).

Audience Comments -

Robert Ellsworth, 414 Philadelphia Avenue - If the cables are run on the 35 side of the tower (NW) it would be much less intrusive to the neighbors. Thanked Verizon for the special meeting. He believes in the near future that cell phones will be phased out for satellite communication and that the equipment will be rendered obsolete. Will the vendors remove the equipment? Yes – it will be a condition.

Ray Savacool, Board Engineer also believes that locating the cables on the Northwest side of the tower would be the best location.

David Karlebach, Professional Planner – Undergraduate degree in landscape architecture from Rutgers, Master’s in city and regional Planning also from Rutgers’s University. Has testified before hundreds of Boards in New Jersey. Credentials accepted. Reviewed site for positive and negative criteria and determined this site is well suited for this conditional use. Planning benefit is that an existing structure is being utilized; does not see any detriment in approving this use.

Tom Spader inquired how loud the generator is? David Karlebach replied that it is about as loud as a diesel pick-up truck.


Conditions

1. The applicant shall be bound by all exhibits introduced, all representations made and all testimony given before the Board at its meeting of May 12, 2010.

2. The applicant shall provide all required Site Performance Bond and Inspection Fees in accordance with the Municipal Ordinance.

3. The applicant shall be responsible for the obtaining of any other approvals or permits from other governmental agencies as may be required by law, and the applicant shall comply with any requirements or conditions of such approvals or permits, including but not limited to the municipality’s and State’s compliance with the COAH regulations.

4. The compound area will contain the cabinets for Metro, PCS and the municipality and room for cabinets for future co-locators. This area and its specifics are to be reviewed and approved by the Board’s Engineer.

5. The applicant will be required to maintain its equipment. In the event of any paint damage as the result of installation, the tank and the exterior painting will be renovated and a painting expert will confirm that the painting repair is adequate.

6. The equipment shall comply with the Flood Hazard Ordinance.

7. The applicant shall provide an engineering report confirming the structural integrity of the attachments to the tower is safe. This report is to occur every five (5) years.

8. The antennas and cables are to match the color of the tank to camouflage the cables.

9. In accordance with 19-12A.10, after the telecommunications facility is operational, the applicant shall submit within ninety (90) days of beginning operation, existing measurements of the radio frequency emission from the wireless communications facility. Such measurements shall be signed and certified by an RF Engineer.

10. The applicant, and any future carriers, shall be responsible for maintaining the facility in good condition. Maintenance shall include painting of equipment, fencing, and maintenance of buffer areas and landscaping not limited to weeding of the compound.

11. The applicant agrees to remove its equipment when it becomes obsolete.

12. This approval is limited only to the equipment proposed, and modification, alteration, upgrade, or installation of new equipment, antennae, amplifiers, cables, and ground support structures will require a new application before the Board.

Deliberations

Mr. Wolfersberger – Does not see any negative impact. The highway and railroad are right there. It will help to make up some lost income and believes it will benefit the community.

Mr. Spader – Does not have problem with applications.

Mr. Reilly – No problem with application as presented.

Mr. Ardito – Does not see any detriments. The tower is already in place. He appreciates the experts and neighbors testimony. In favor of this application.

Chairman Struncius – He thanked the neighbors for their respectful and intelligent input. This is a “conditional use” and it is advancing co-location.


Motion by Mr. Reilly, second by Mr. Spader to approve co-applications 2010-10 Metro PCS, and 2010-11 of Cellco d/b/a Verizon with conditions.

In favor - Wolfersberger,, Spader, Reilly, Struncius and Ardito
Opposed – None



Meeting adjourned at 9:39pm

Attest – Karen L. Mills, Clerk of the Board


Published July08, 2010 | Board of Adjustment Minutes | 1054


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