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September 4, 2008

Minutes

The September 4, 2008 Special meeting of the Board of Adjustment opened at 7:35pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Palisi, Struncius, Leonard, Wolfersberger and Reilly Alternates: Ardito and Kelly


Motion by Mr. Reilly, second by Mr. Ardito to approve the minutes of June 19, 2008

In favor: Palisi, Struncius, Wolfersberger, Leonard and Reilly
Opposed: None

Mr. Kelly stepped down from the following application.


Application #2008-22 – Omni Point – Applicant is requesting to install telecommunication equipment/antennas to the Borough of Point Pleasant Beach’s water tower.

Frank Ferraro, attorney for applicant. Bob Leavell, radio frequency engineer with T-mobile, sworn. Credentials accepted, testified that the proposed area is deficient in area of coverage along beach area. Exhibit –A-3 – RF Propagation – 1 Base Street map and 2 overlays. Looking to add site to improve coverage. There will not be an employee on site; will not interfere with emergency equipment.

Public Questions:
John Szfranski, Yale Avenue – Inquired how Comcast, Verizon, AT & T send and receive info in this area. (Leavell cannot comment on other companies) Also, is this an expansion? Leavell – current service is temporary – this will be permanent. There will be antennas.

Steve Thedford, 412 Philadelphia Avenue – lives right across the street from the tower and has concerns.

Dominick Villecco, sworn. Expert in radio frequency emissions requirements. Credentials accepted. Testified that the emissions are 50 times below what the FCC considers safe. Well within the FCC standards.

Mr. Palisi inquired how we can be assured that frequency or levels of safety are not changed in the future. Mr. Galvin – bottom line is we are prohibited from getting into the radiation by the FCC and Atomic energy Commission. The system is checked once it is implemented. They will have to comply with the ordinance.

Peter J. Tardy, Licensed Professional Engineer for seven years. Has previously testified before Jackson, Lakewood and Howell; credentials accepted. Reviewed existing conditions from site layout dated July 25, 2008.

Mr. Savacool inquired the number and size of cable. (Eight (8) seven (7) foot cables). Peter Tardy explained cable routing. 3 inch diameter post which will be 8 – 10 feet high with horizontal member that will support the cables.

Mr. Leonard wants to ensure that we will not have a water tank that looks like an octopus.

Mr. Savacool inquired if a generator would be needed? (Tardy – No) Mr. Wolfersberger asked if the Borough makes money on this. (Yes – The Borough is leasing it to T-Mobile). Mr. Palisi asked who will own equipment once built. (T-Mobile)

Mr. Reilly asked what kind of wind the structure can withstand. (Excess of over 100 mph)

Mr. Savacool questioned what types of cables will be utilized?

Bob Ellsworth questioned the clamping method and inquired to who would have liability if equipment slips? (T-Mobile - but since it is our property we would probably be sued also) He doesn’t believe that method is enough to secure equipment. Years of the elements will wear on the clamps; recommends working with the Engineer and Building Department to oversee installation.
Mr. Reilly feels there should be a condition requiring inspections of the equipment periodically.

Reviewed comments in site plan letter from CMX.

1. Tardy commented that they are not proposing a fence, but Mr. Galvin commented that the borough is expecting a fence and recommends the board defer to the engineer to review. Frank Ferraro stated that there is no problem installing a chain link fence with a separate entrance for the water Department.
2. Compound will be covered with stone where tower is located.
3. Will accommodate Police Department
4. Four whip antennas will be installed for Borough (Borough will purchase) if they are available at time that T-Mobile is installing theirs.
5. Is SHIPO approval needed (historic district)? (FF said to make it condition of approval)
Frank Ferrara states that T–Mobile’s responsibility lies when they have their construction team on site – will not be out again to do installations. They will make room for Police Department, but they do not know what that is at this point.

Steven Thedford inquired where the whip antennas will be installed. (FF – on top of water tank). Bob Ellsworth questioned if the antennae’s were approved by the FAA. Frank Ferraro is willing to obtain approval.

Mr. Savacool asked for condition that re-painting be inspected to ensure quality of current paint job which is new. (Referred to #13 in review letter).

Mr. Reilly questioned the deterioration of brackets and if a condition would be needed. Mr. Savacool and Frank Ferraro agreed that a condition be added that a structural report can be prepared every five (5) years by the applicant.

Bob Ellsworth suggested that the access port should be located on the Northwest side. It would be the least intrusive to everyone concerned. You would not see it from the highway or from the homes. Mr. Ardito inquired why the port cannot be lower to be blocked from view by the landscaping. Mr. Savacool stated that 18 cables come out of the port and confirmed that they be painted the same color as the tank and should be located on the northwest side of the tank. Peter Tardy asked if the board would object to three (3) smaller ports instead. Bob Ellsworth approved less cable showing – perfect. Mr. Savacool does not like the fact that more holes will be cut in the tank; Left to Mr. Savacool’s judgment.

Kathryn Gregory, Professional Planner, credentials accepted. Reviewed positive and negative criteria for use variance. She referenced the visual impact.

Audience questions

Maryann Ellsworth, 414 Philadelphia Avenue – Stated that the people most impacted live on the 400 blocks of New York and Philadelphia. She does not see any photographs taken from those blocks.

Dorothy Thedford – 412 Philadelphia, posed the same question.

Steven Thedford – commented that conveniently the trees are in the way on the photographs.

Joh Szfranski – owns property at 406 New York Avenue stated that previous request for cell tower was turned down. Inquired if the board has taken this into account and the impact it will have on the area.

Frank Ferraro stated that he believes the applicant has met the criteria for a conditional use variance. Site is well suited for the use. He does not feel there will be a substantial detriment to the community.

Mr. Wolfersberger asked if another carrier could be denied use if the visual impact was bad enough. Mr. Galvin replied that visual impact might not be enough to deny. Telecommunications act encourages co-location.

Deliberations


Mr. Leonard – In favor of application with conditions noted.

Mr. Reilly – Does not see much negative criteria – in favor – visually more attractive.

Mr. Ardito – Positives stated well. Believes the community will be able to live with negatives. A 90 foot tower is coming down, so there is the trade off – in favor.

Mr. Palisi – it’s a new day. All comfortable in safety factor – there is a public good – negative component is visual – temporary tower is ugly – in favor.

Motion by Mr. Reilly, second by Mr. Palisi to approve application #2008-22 of Omni Point with conditions

Conditions

1. The water tower is expected to have other co-locators. Each
co-locator shall obtain the approval of the Board by way of a site plan.

2. The applicant will install an 8 foot high chain link fence; the exact location is to be resolved with the Board’s Engineer.

3. The compound area will contain the cabinets for T-Mobile, 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.

4. The applicant will obtain the FAA approval for the sphere, including the municipal antennas on the top of the tower, if required.

5. There will be a minimum of ten (10) feet of clearance between the equipment and the hatch.

6. The applicant will obtain a S.H.I.P.O. determination, if required.

7. T-Mobile 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.

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

9. The landscaping plan is to be submitted to the Board’s Engineer for his review and approval. The plan will show sufficient buffering to screen the cabinets.

10. T-Mobile has agreed to provide Hardline communication wire, Hardline RF connectors, appropriate fasteners during the installation of the antennae and communications wire, and lightening/grounding protection for all equipment that T-Mobile is installing for the Borough of Point Pleasant Beach when installing the antennas that will be provided by Point Pleasant Beach. The size and type of connectors will be determined at a later time by the Borough’s IT Group under the police department in consultation with the T-Mobile Project Engineer and the Board’s Engineer.

11. 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.

12. The plan will be revised to shift the ports to the other side of the tower; and at the Board’s Engineer’s discretion, there may be a single port on the bottom of the tower and three smaller ports at the top of the tower.

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

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

15. 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.



In favor: Wolfersberger, Palisi, Struncius, Leonard, Reilly and Ardito
Opposed: None

Meeting adjourned 9:59pm

Attest, Karen L. Mills, Clerk of the Board


Published October20, 2008 | Board of Adjustment Minutes | 677


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