Okay. Like to call to order the board of adjustment meeting for the township of Mars. The regular meeting for November 24th, 2025. The legal notice required in accordance with the open public meetings act has been satisfied and a statement certifying same will be executed. Please
join me in the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and
justice for all. >> M Santiago, roll call, please. >> Yes, Mr. Chairman. Mr. Goldberg, >> here. >> Mr. Trackenberg, >> here. >> Mr. Williams, >> here. >> Mr. Benoir, >> here. >> Mr. Kramer, >> here. >> Miss Simmons >> here. Miss Polara >> here, >> Mr. Woodford >> here.
>> Sitting with us tonight for Mr. Oler is Mr. Duca, >> Mr. Laney >> here, >> Miss Mr. Voice >> here, and >> Mr. Row >> here and Santiago here. >> Okay.
>> All right. First order of business is a resolution. This is uh BAE-17-25. Mr. Duca. >> Yes. So, this was an application uh to convert an existing attached garage into a twocar garage as well as adding a
second story above that garage. Uh the relief required for that application were a number of C variances including a front yard setback where uh 50 ft is the minimum and 24.42 ft were proposed. Yes. a sideyard
setback uh where 20 ft was the minimum and 4.36 feet were proposed as well as a a relief for expansion of a non-conforming structure and the board did grant that application. >> Okay, board members, have you read
resolution? Any um any comments? If not, I'll entertain a motion. >> I'll move this. >> Thank you. Got a second. >> Second. >> Thank you, Mr. Williams. This go roll call. Mr. Goldberg, >> yes.
>> Mr. Trackenberg, >> yes. >> Mr. Williams, >> yes. >> Did the radio uh let the record reflect that Mr. Schustster is here. >> Mr. Schustster? >> Yes. >> Mr. Benois? >> Yes. >> Mr. Kramer?
>> Yes. >> Mr. Wood? >> Yes. >> So, move. >> Okay. Moving on to the public hearings. The first uh application will be a BA-16-25 uh Edward Dwire. Miss
>> Yes, Mr. Chairman. This is um BA- 1625. Mr. Edward Dwire, block 6502, lot 2617 Spring Road in the RA15 zone for section C. Applicant proposes various additions
to the existing house creating a sideyard setback of 25 feet on the westerly side where 30 feet is required and an easterly side yard setback of 11.71 ft where 20 ft is required and a combined sideard setback of 36.7 ft
where 50 ft is required. The applicant will also seek a variance for the expansion of a non-conforming structure. >> And uh Mr. Mr. Chairman and board members, I did review the notice uh and it's adequate for both its timing and substance. Uh so the board does have
jurisdiction to hear the matter. >> Thank you. Uh Mr. Dwire and you are >> Edward Dwire. >> Edward Dwire. >> Okay. You please remain standing and get this morning. >> And if you could just both uh raise your right hands, I'll spray both at the same time. Do you solemnly swear the testimony you're about to give is the
truth, the whole truth, and nothing but the truth. >> All right. And if you could just please both state your names and spell your last names for the record. >> Wicked. >> Okay. Mr. Chairman, I recommend that you be recognized as an expert in the field of architecture.
>> So recognized. Okay. Proceed. Who will be testifying first? >> I guess I will. All right. >> Can you use the microphone, Mr. Dwire? Thank you. >> Is it on? >> Yes, it's on. It's on. >> Um, my house was built in 1933
and I've lived in it for 54 56 years. A long time. And um I need I'd like to renovate it. Okay. I' I'd like to change the master bedroom. I'd like to put the second story up to
make the the bedroom bigger. I'd like to put a a breakfast room on where I have a bird deck. And u I'd like to move the uh washing machines upstairs where the kitchen is. All right. So, all in all,
I'm not expanding to the side. I'm not um exacerbating the the uh what's already exists. I'm not the house was built in 33 when and it's in violation because the RA15 is now what it is. But I'm not asking to go
out to the sides if all if I'm I'm staying exactly within the limits of of the house as it exists. Now I'm going front and back. I'm not going to the sides. >> I could add to that. >> Sure.
Um so it's an existing non-conforming house and currently uh we're we're seeking relief for uh sidewalk setback where um 20 ft is in each side
have 20 ft or a combined sidewalk set back 50 ft of magnitude. Uh right now they're 11.667 on one side and 34.4. giving us a total of actually 46 ft uh
of aggregated setback. So, we're about 4 ft short of that. As Mr. Wer said, uh it's a modest addition. We're basically pushing out of the front which would be in compliance. Uh it's it's effectively
a uh a new entrance foyer or an expansion of of an existing entrance foyer, a powder room and a small laundry room to the front which is within the allowable setback. Um to the rear and to the rear there is a uh an existing
screened in porch that we hope to glass in and make it about four seats in room and make it deeper toward the rear yard. But as Mr. bar stated for not exacerbating the existing number within
the line of the side of the existing house. Uh on the west side where the garage is we're creating what is now a deck creating a onetory glass room that actually sits
back uh from the existing garage. So we're we're in the garage 36 I think we're about 3 ft two 3 ft uh better than what the garage is to the
sideyard. >> So in other words, the variance is requested only the expansion of the youth. You're not encroaching more in a side. >> Certainly not. >> Exactly. And just so the board knows uh where the existing screened in porch is we're creating that sun room. We're
expanding the the main bedroom above to create a bathroom and closet in the same footprint of the room below. >> All right. >> Materials, sorry. The materials are going to be similar to what's there
asphalt shing. >> So after 50 years, you decided it's time to change. >> Well, yes, sir. But I also have a new girlfriend. So There you go. >> I have a little incentive here. Okay. You're going to be mad at me forever, but I'm
>> a special I don't know if that's a zoning ball valid zoning, but what >> board members? Any questions? >> See members of the public, any questions on this application? Any comments on this application? Seeing
none, hearing none, close the public portion. I think I saw a hand go. >> Yep. >> Oh, you did? >> I >> think I saw a hand go. >> Yes. >> Your name, sir? >> My name is uh William Davis. I live at 20 Spring Brook Road. I'm a neighbor of
Mr. Dwire. >> Would you mind just raising your hand so I can swear you in? Do you soundly swear the testimony you're about to provide is the truth, the whole truth, and nothing but the truth? >> I do. Thank you. >> So, I live across the street, two houses up. I've known Mr. Dwer for years. I've been to his house many times.
And I just want to re-emphasize what he and his architect said. He's not increasing his side uh expansion at all. He's going strictly back. He's president of AVR, which is a construction company that builds high-end homes in on Bernardsville
Mountain and Mendum. He does very good work. I know his architect. He's done several houses on on our street and they look good. So, I'm here to support endorse his application. >> Thank you. Board members, any questions?
>> No. Okay. Board members, any other member of the public I can ask that. Seeing none, hearing none, close the public portion. Board members, any comments? I think this application is a no-brainer. Uh, it doesn't encroach any
further on the sideyards. It enhances the house, enhances the neighborhood, and the house was built 20 years before zoning ordinance. >> Mr. Chairman, no issues with impervious coverage. We're still good. >> No, no, no issues. So, I'll entertain a motion if anybody
wants to make a motion on this. Mr. >> Chair, I have I have >> Sure. >> Um, Mr. Dwire, you're uh the second floor bedroom that you're going to expand. Are you able to see into the neighbors? >> Actually, we lose a window on that side.
Right now, I have windows on the on the existing bathroom that look onto the neighbors. One of those is going to go away. And and on the screen porch down below, which is screen porch, which looks directly on the neighbors, that will now be closed off and there'll be
no no sight whatsoever. >> Okay. Thank you very much. Okay. >> Touche. >> Okay. >> I had a motion starting. I move that we approve. >> Okay. Do I have a second? >> Second. >> Okay. Mr. Schuster. Miss, roll call,
please. >> Mr. Goldberg. >> Yes. >> Mr. Chenberg? >> Yes. >> Mr. Williams? >> Yes. >> Mr. Schusta? >> Yes. >> Mr. Benois? >> Yes. >> Mr. Kramer? >> Yes. >> Mr. Wooder? >> Yes. >> So,
you're good. Good. So there'll be a resolution next meeting and then you can start. >> Thank you. Thank you very very much. >> Congratulations. >> Happy transgressive. >> The next application is BA19-25. Uh Carl Hes. Miss Santiago.
>> Yes, Mr. Chairman. This is BA-9-25. Carl Hes. Lot 4601, lot 9, 529 Jockey Hollow Road in the RA130 zone for section C. Applicant proposes the installation of a
16x 24 ft per creating a front yard setback of 91.8 ft on Chucky Hollow Road and 69.16 feet on Brigade Hill Road where 100 ft is required. If you could raise your right hand, uh,
do you sly swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? >> I do. >> All right. Thank you. Could you please uh state your uh full name and spell your last for the record? >> My full name is Carl Hes HS. >> All right. Thank you. And just for the sake of the record, I do want to note I
did review uh your public notices and they're sufficient for both timing and substance. So, the board does have jurisdiction to hear this application. >> Thank you. >> Okay. Mr. H, tell us about your application. Uh my application for a variance is to allow the installation of
a white vinyl pergola on an existing patio. The pergola dimensions are 16x 24 by about 10 1/2 ft high. There's two pictures that are included in my application
that provide some depiction, two different views of what this white pergola would look like. My site plan also enclosed in the application depicts the location of the patio with the purple shown and with
respect to where that patio sits with regards the entire lot. Now the reasons that I've come to understand that a variance is needed to proceed with the uh installation like this is that a pergola is an accessory
structure and only one per lot is allowed. Well, I already have one with a detached storage shed that is in the back of the house. So, this pergola would be the second accessory structure. No accessory
structure may be located closer to the street than the principal building. You can see from the site plan, if you have a quick look at it, you can see that it's at the corner of the home, the principal structure. It's to and into the front yard and the
sideyard. The location then of the pergola encroaches into the required 100 foot setbacks. Because my lot is at the intersection of Jockey Hollow Road and Brigade Hill
Road, it needs to meet two 100 ft front yard setbacks. The existing setback from Jockey Hollow Road would reduce, excuse me, from 112.6 6 ft to 90.6 ft or
about 10 ft less than the minimum. The existing setback from Brigade Hill Road would reduce from 83 1/2 ft to 68.9 ft. And again, the existing setback
there is 83.5 ft. The reasons my wife and I pursued this project is really that the pergllar would provide shade for us. The patio has really been in a nice feature for our
family's use, but in the summertime it gets awfully hot out there and it gets so hot in overhead sun you can't even sit out there. We have tried using two separate umbrell umbrella setups, but we really can't get the coverage to have a
little dining area and a sitting area without that. And so the umbrellas just don't work. Uh so we worked with a landscape designer and they came up with this pergola design and they feel and we feel this
would be a nice architectural addition to the house while also providing shape. Okay. Now my wife Susie and I, we've been at Jockey Hollow Road at 529 since 1997.
This home has been the center of our family life. We have every intention of staying there. Uh we're both retired and our families, all our adult kids and their families live nearby. In fact, our
youngest is just down the street on Brigade Hill Road. That's why over the last decades, we've been investing in our home as our budget would allow. This pergola and our recent landscaping
work is just another phase in the improvements to the property and the home overall. So lastly, I'd like to point out for the board that this pergola, if you're not familiar, is a freestanding open air
structure and it complements the home's design. It's in no way enclosed. It's it's to provide uh uh shade and and add an ar architectural feature to the outside.
3 acre lots predominate in our jockey hollow road area and it's largely wooded, right? And mature young trees are everywhere and they provide considerable screening on both Jockey Hollow Road and Brigade
Hill Road. So, >> and >> any questions? >> No. And I just want to make a comment that um having lived in this area since 1964, uh Brigade Hill Road went in after your house did.
>> So, when it was built, Brigade Hill, your house was built. >> Didn't exist. >> And my house was constructed in the late 1950s, >> right? And >> Brigade Hill Road went in in the late60s, I believe.
Board members, any questions? >> I just have a a clarification. Um, on the survey that I'm looking at, the location survey, the was a the note in red on the side, 91.8 ft and on the front and 69.16 on the side, which I
think was just not substantially different, but slightly different than the numbers you had provided. >> Well, the numbers as in the application should be consistently with the uh my site plan. Now I have noted that they are different than within a foot of the
numbers which are quoted in today's agenda. >> The reason for that is with my original zoning application the numbers were not precise. They were
handdrawn on an old survey and estimated the numbers which are in my application and shown on the site plan are based on an accurate licensed surveyors. Okay. So they are the should be the excuse me
official numbers. >> Okay. Thank you. Thank you for clarify. So I I would just in light of that I would just recommend to the board um a very if the board were act favorably on this application very modest condition that the variance for relief be in accordance uh with the site plan. So the
resolution would reflect the numbers that appear on the site plan. >> Thank you. Great. Any other questions or comments from board members? Any member of the public have any questions or uh comments on this application?
Seeing none, hearing none, close the public portion. I think this is another very easy one to approve. Um, it's a considerable setback. It really doesn't prove the property. It has no negative impacts to
anybody and I'm all in favor of it, but I'd like to hear from anybody else. >> I would agree, Mr. Chairman, and and it's not an obtrusive construction. It's very airy and people only really notice that. And you really can't put it anywhere else.
>> Can't put it anywhere else. >> So, can I take >> Can I entertain a motion? >> I'll move it. >> Do I have a second? >> Second. >> Thank you, Mr. Schustster. >> Miss Santiago. >> Mr. Goldberg? >> Yes. >> Mr. Tractenberg? >> Yes.
>> Mr. Williams? >> Yes. >> Mr. Schustster? >> Yes. >> Mr. Benois? >> Yes. >> Mr. Kramer? >> Yes. >> Mr. Wford? >> Yes. >> So, move. >> Okay. >> Thank you. Thank you very much. Good luck.
>> Okay, next application is BA-22-25, New Singular Wireless PCS LLC for an AT Santiago. >> Yes, Mr. Chairman. This is BA-22-25, block 9101, lot 4 and 5, 103 Columbia
Road in the oil PUD zone for section D. Applicant proposes the installation of 12 panel antennas on an existing water tank approximately 90 feet above ground along with the installation of an approximately 18x 26 ft fence and
equipment compound for groundbased equipment. >> Mr. Chairman, I'm going to recuse myself from this application. >> You live on Arrowhead Road. >> That's correct. >> Okay. >> Would you like us to settle our demonstrative over here? Yes.
Yeah. Because the public would be asking questions from over there. So, it would be better to be over here. >> We ask Simmons to sit. >> Yeah. Miss Simmons, can you please step up? >> Mr. Chairman, if I have this service, uh, can I recuse myself?
>> No. >> Just for clarification, our witnesses, we have three. Should they keep turning? Okay. >> Would you like me to begin? >> Well, let's get everybody. >> Yeah. While we're waiting, I I will note I did uh review the uh notices for this
application. Uh it's sufficient for both substance and timing. So, the board does have jurisdiction to hear the matter. >> Yeah. >> Okay. >> Can you introduce yourself, please? >> Yes. My name is Aaron Borick. I'm an attorney with Philips Lidle and I'm council to the applicant new singular
wireless PCS or AT&T. Um the application is a request to the board of adjustment for site plan approval, a D1 use variance, a D6 height variance and four C variances to permit the installation and operation of a wireless
telecommunications facility at 103 Columbia Road, Morris, New Jersey 07690. That's block 9101, lot 5. The site is approximately 63 acre Red Bull's training facility parcel located in the
nonresidential overlay O40 PUD zone and is subject to a previous planned unit development approval that authorizes the development of the Red Bull's training training facility on block 9101 lot 5 and certain residential uses on
the adjoining lot 4 but which does not contemplate the proposed telecommunications use. The township's land development ordinance section 57-24 provides that the board of adjustment shall have the power to grant to the same extent and subject to the same restrictions as the planning board site
plan approval. Whenever the board of adjustment is reviewing an application for approval of a use variance, the township's ordinance sections 57-95 requires site plan approval for the project in addition to the use variance. And the board of adjustment therefore
has the authority to issue the D1 use variance, D6 height variance, C variances, and the site plan approval to permit the project. Testimony tonight will be offered from three witnesses for AT&T. First will be Daniel Pineso, a radio frequency engineer with Frequence,
Greg Natsky, a civil Natsky, sorry, a civil engineer with GT Wireless Engineering, and Paul Ricky, a licensed planner with Ricky Planning LLC, all of whom have been retained by AT&T to assist with the development of the project. We also have Martin McGee, a
site acquisition specialist with Aerosmith, present, who is able to testify to testify as a fact if needed. Quick overview of the project. The project proposes the collection of antennas on an existing water tank located at the rearmost corner of the
site farthest from Columbia Road. The project is necessary to provide AT&T's coverage to the Red Bulls facility itself and to other surrounding areas around the site where AT&T's coverage is currently deficient. Specifically, the project proposes the installation of 12
panel antennas mounted in three arrays. So, three groups of four antennas at 90 feet above ground level on the existing privatelyowned 102 foot tall water tower on the site. The proposed facility will also include the installation of
approximately an 18x 26 fenced equipment compound to enclose a 27 kilowatt 125galon diesel generator and other associated groundbased equipment at the foot of the existing water tower.
Permitted uses in the O-40 PUD zone includes offices, research, laboratory uses, athletic training facilities, open spaces, and all uses approved as part of any planned unit development appropriate pursuant to the zoning ordinance section 95-27.E.4
subpart E. Because the site is subject to a previously approved PUD that did not contemplate the proposed telecommunications use, a D1 variance is required. In addition, the maximum permitted building height per athletic training facility standard is 50 ft and applicant
are we proposed to install its antennas on an existing water tank at 90 ft thereby also requiring a D6 height variance. Although we note that the water tank is approximately 102 ft with 105 ft beacon and the project will not
increase the overall height of the water tank. The project also requires four C variances as follows. Reduction in the setback requirement from 175 ft to 100 ft from the southern track boundary abuing the county golf course to sight equipment compound. Second, reduction in
setback from east and west residential overlay district boundary from 125 ft to 85 ft to site the antennas on an existing structure. Although we note the water tank is an existing nonconformity and is currently set back fewer than 120
feet from the western residential boundary. Third, reduction in the parking setback from a pud track boundary from 100 ft to less than 100 ft on the southern track boundary. Although we note this is to utilize an existing paved area. And finally, reduction from
the minimum distance to place outdoor light fixture from 200 ft to 160 ft of the residential overlay district boundary along the west western residential track boundary. Note, however, that this is more applicable to lighting associated with the athletic facilities, whereas the project includes
a single lighting fixture for security purposes on the groundbased equipment compound and angled toward the ground, which will be well screened. And then finally, just a brief procedural history. AT&T first submitted the application to the township on September 29th, 2025, which included,
among other things, site plan, site survey, photo simulations, radio frequency engineer report, radio frequency emissions assessment report, and a structural assessment. Applicant attended a technical coordination committee TCC meeting on November 6, 2025, where we received
minor comments on the site plans along with certain recommendations. applicant also received comments and recommendations from the Morris Township Environmental Commission Fire Department, I'm sorry, the Morris Township Environmental uh Commission, the Fire Department, Site Inspection
Committee, and Planning Review Committee. We have brought updated site plans tonight that provide revisions in response to the TCC comments with revisions to fence material and height and the addition of landscaping around the equipment compound, which we will go through with our civil engineer. All the
comments and recommendations will be addressed in tonight's testimony. Do >> I have a question? Uh on the plans that had a six-foot fence and in the written it said 7 foot fence. Do you know which one it's going to be? >> One of my witnesses certainly do >> because uh sixoot is the height that's
allowed under the uh zoning. So if it goes 7 foot, you need a variance for that. But that's >> We'll make sure we elicit that testimony. I'm sure it's six foot. >> Yeah, that's not that's not the problem. >> Okay. Got it. Um, okay. So, I'm going to first call
Dan Panesso, our radio radio radio frequency engineer with Frequence LLC. >> Hi, Dan. >> Hi. >> Do you uh solemnly swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? >> Yes, I do. >> Can you state your full name and spell your last for the record?
>> First name Daniel, last name P E M E S O, and I'll give my credentials. >> Please do. Okay. So, I'm a radio frequency engineer um retained by AT&T to uh testify before
the board this evening regarding AT&T's application to provide to provide coverage um for this uh particular area in Morris County. I have been employed for over 25 years as a radio frequency engineer. I have worked with uh AT&T
since 2001 basically and am responsible for design implementation of wireless networks such as this and I've been um uh uh accepted as an expert witness throughout the state of New Jersey hundreds of times with regards to design and implementation of wireless networks
>> and your educational background. >> I mean I have a bachelor of science electronic engineering technology uh that I received 1987 >> um >> from the technical institute. Okay. >> Yeah. >> I would recommend that he be recognized as an expert.
>> So recognized. >> Thank you. >> So I'll go through the the reason why we're here tonight. Um as a radio frequency engineer working with AT&T, is it better if I speak in this microphone? >> Yes, it is. So that Okay,
>> I'll go through that. Um, let me start over. Um, AT&T is um, where was I at now? I'm at my bullet point here. So, uh, so the reason why we're here tonight is because of the gaping coverage that I
mentioned before. Um, I am I have been trained to identify service deficiencies within AT&T's wireless tele telecommunications network and to evaluate the ability of proposed wireless telecommunications facilities to remedy these service deficiencies.
And I'm fully aware I am fully familiar with AT&T's wireless telecommunications network in Morris County, New Jersey, and the surrounding area. Um they there are AT&T is licensed by the FCC
um and holder of these licenses uh to to provide uh wireless services in Morris County. Those licensers are are attached as exhibit one in the RF affidavit that I prepared that was submitted to the board.
AT&T is also um implementing a first responders network which first it's called firstn net and that is mean that means that AT&T has been selected by the first responders network authority which is called firstn net to build and manage
the first broadband network dedicated to America's police firefighters and emergency medical services the EMS the firstn net network will cover all 50 states and five US territories and the District of Columbia, including rural
communities and tribal lands in those states and territories. This FirstNet network is a muchneeded investment in America's communications infrastructure to support millions of first responders and public safety personnel nationwide who protect and
serve more than 320 million people across the United States. uh as to for for first responder. So this this significant public private infrastructure investment will help to create new jobs as well as providing
that um the coverage that if there were ever an emergency such as when we had Sandy or uh any type of emergency whatsoever that would that spectrum the 700 MHz spectrum would be allocated to the first responders. So it be it's a
public private network but if there is an emergency it becomes dedicated to the first responders >> and this project will be >> and this and this project will be part of that. Yes. >> So I will go into the reason why we need this site. We have a gap in coverage and
I'll go I'll refer to my exhibits in the RF affidavit. Those are subexhibit two which are showing the propagation maps um and uh demonstrating the the signal coverage that AT&T currently has. I'll I'll go over to the exhibits, but these
this site is to to cover customers, subscribers who live and travel through the area and the surrounding site, especially the Prescott Road, Adams Road, Stockton Drive, State Highway 24, Columbia Road, Normandy Heights Road,
and Cro Cromwell Drive. I'll refer to the exhibits so that you understanding. You could use the microphone that is in the stand right there. Is it on? >> Can you tap it?
>> Tap it. >> Just press that and hold. >> Let's see. >> And Mr. Pesso, this exhibit is part of what was already submitted. >> Yes. Yes. These are D. Is it Is it on now? >> Yeah. Yes, it is. >> Uh, so these are D-size exhibits of what
was submitted with the application. Uh this is uh on the lower left side is map one which is AT&T's neighboring coverage. The site is the site that's being proposed is represented by the yellow star approximately in the center
of the map. The purple dots on the map represent AT&T's existing onair sites. The colors that you see on the map, the blue color represents reliable in building coverage and the green on the map represents reliable in vehicle. The
area of white is the area of deficiency which we're trying to fulfill um with this site uh that's being proposed this evening. I can go through and list the existing on air sites if the board cares to hear what's currently on air. >> Sure.
>> Neighboring this site. So, northeast of the site, we have the site identified as NWL 03158. That's at 194 Park Avenue in Morristown, which is a stealth pole. Southwest of that, we have the site identified as
NWL01282. That's at 400 Campus Drive in Floren Park. Southwest of that site, we have a site identified as NWL03228 and that's at 1 Convent Road in
Morristown. To the west, northwest of this site, we have NWL03 026 at 65 Madison Avenue in Morristown. North of that, we have the on air site
NWL 03166. That's at 171 Richdale Avenue in Morristown. And then northeast of that, we have a site uh identified as NWL05808. And that's located at 240 Cedar Nolles
Road in Cedar Nolles. The two yellow sites that are identified with a yellow dot were two all other sites that I analyzed as well. One is a crown monopole at 77 77 Whippony Road in
Morris. And uh the other site is a diamond managed pole. It's a diamond telecommunications pole located at 11 Old Turnpike Road in Morris to the southwest of our proposed site. So the this site this I mean this
exhibit is showing the existing on air sites only and without our proposed site and you can see the gap in coverage uh of the area that I mentioned with the roads that I that we're trying to fulfill right >> if this site were proposed. I'll show
another exhibit what the coverage would look like if this site were approved. This exhibit is labeled map number two and this is depicting if this site were approved and integrated into the network
the area of coverage. Now you can see that area that we had in white. This is this is route 510. I'll go with my finger. This is state highway 24 and the surrounding roads. You could see that we do have in uh reliable inbuilding coverage as well as uh on the border to
the north um in vehicle coverage and it'll be in vehicle coverage predominantly on Highway 24 to this to the northeast of the site and I can go I'll describe The this so the facility will consist of 12
directional panel antennas mounted in three arrays at a centerline heights of approximately 90 ft which Aaron uh mentioned. I also did prepare an FCC compliance report um with regards to the emissions of this site and that is um let's see is
it is this an exhibit that you might refer So I believe it it may be on report number nine. Is it number nine on your pages? And it looks like this at the beginning. So with regards to the emissions, this
site is 16.39% um with regards to the FCC general population maximum p maximum permissible exposure limit which is far below the 100% for compliance and this value has been calculated conservatively with all
uh frequency bands that AT&T is licensed to operate with that'll be implemented at this site. And uh so this is basically it's six times below the FCC um threshold. You can go up to 100% with regards to
emissions to be in compliance. So we're six times below the 100% value. So we're well below the FCC guidelines for um for expect for acceptable exposure. Can >> I ask where can I ask question? Yes.
Where were those measurements taken uh to make? >> So, this is at at ground level. At the highest incident, anywhere on the ground, the highest was 16%. >> And that's directly below the >> No, this is out about 150 ft.
>> But anywhere closer or further, it would be less. >> Okay. So, the maximum >> max the max area is the 150 and after that it starts to recede either direction. >> Yeah. 16.39 is the maximum and anywhere further or closer it's less than that. >> Okay.
>> Yes. >> Radiation pattern. >> Right. Right. >> Yeah. >> Right. So that the uh >> it's not at the it's not at the top of the antenna where this is on the ground level. >> Right. Um so I think the closest residence is about 200 feet away.
What's the Did you make any calculation? How would that >> So there is no with regards to any of the residences there they're in full compliance. There is no issue with any structures, any utility poles like uh light poles or homes. There's nothing
that's that nearby that would have that is as high as the structure itself cuz we're at 90 ft. If we had something that was at 90 ft, the same height as the pole as our antennas, then we would have to do an analysis to make sure that they
that there is that that is about over 100 ft in that same line. But this is measuring uh the the emissions on the ground level 6 and 1/2 ft tall person and there are no buildings that are nearby even the structures of the roofs
that are uh the the there's town homes that are nearby this site that they're in full compliance. There is no issue with those. >> Okay. So the the closest residences are not affected. >> Not affected. No, because they're far enough away. And the the site itself as
the signal leaves the source it it it uh diminishes very rapidly because the phone themselves work on mills of power very very low power. >> I have some questions. >> Sure. >> Yeah. >> Uh what are the actual radiated power
levels >> for the different for the different bands? >> Yes. >> 200 watts, 300 watts. >> So in the report I'll let's see. I'll go >> I tried to page through it and couldn't find it. >> Yeah. go to page six and each each frequency band is listed
with the antennas that are being implemented. >> Okay. >> So you'll see 700 MHz the total input power is 480 watts. 850 MHz that's 240 watts. 1900 MHz is at 240 watts. 2100
MHz 240 watts. 2300 MHz 160 and 3,700 MHz 400 watts. Those are all the licensed frequency bands that AT&T. >> Yep. Uh and >> okay, >> slight question also just verify the GPS
antenna is for time hack. You're not transmitting. >> No, there's no the GPS is not for transmission. No, >> it's for a time hack, >> right? >> Okay. >> Thank you. >> Yep. Okay.
>> Just I have a question. >> Yes. >> In terms of the height, can you speak to where we're putting it on the water tower? Could we put it lower on the water tower and get the same coverage? >> So, this is the minimum height required to meet our coverage objective. Of course, we would have liked to go higher, but we chose to go at the just
above the rail of the tank so that it's so it's it's you're really going to the t the antennas will blend in more with the tank. They're not going to change the aesthetics so much of the site, but this is the minimum height required for us to meet our coverage objective.
Let's see. Do I need >> There you go. >> And do I have any other Did you want to cover? >> Yeah, just a follow couple follow. Um, what about alternative sites? >> Yes. So, Oh, yeah. I'll go through that as well. So the in the um I don't know if these were submitted with the
application this is so the reason I mentioned the two sites the crown pole and the diamond pole those I did analyze they are existing structures but the height that's available to us for the um uh for the
diamond pole as you could this is just the coverage from the diamond pole it doesn't I mean no sorry this is a proposed coverage site let me back up this site just shows the coverage of our site itself without any of the other sites.
>> And if I'm not mistaken, that's exhibit four in the report. >> Yeah. So, it's labeled map number three, but it could be exhibit four. Correct. Correct. >> Let me flip. So, now these exhibits, I don't believe were submitted with the application. >> I think it is. Is it? Yeah. So, this is
map number four. It's listed in your report as exhibit five. >> Okay. I didn't know if they were submitted. So, uh, this exhibit which is labeled map number four, this is showing the neighboring coverage, the existing AT&T existing on air coverage with those
two sites that I mentioned, the Crown Pole and the Diamond Pole. And the diamond pole, which is the yellow dot south of our proposed, southwest of our proposed site, that was a 107 foot center line height that was available to
us. And as you can see, this this site does not fulfill our coverage gap um to the north that we would need and we still have a gap in coverage. Then the crown pole had a centerline height of 93 ft that was available to us and that you
could see this is the coverage being provided by that that doesn't cover south. So those even though those two sites exist um that are available to us, we couldn't utilize them to provide the necessary footprint of coverage that we need.
That's why we um chose to go with the water tank property, I mean the the water tank facility to um install our antennas to provide the coverage that we need. So you would need both the water um tower um as well as the diamond pole
to get more coverage, right? >> Well, the the diamond pole if we go with the I'll go back to the if we since we are going with the water tank. The diamond pole will not be utilized. >> Okay. >> But in the future, if you look I'll go back to the composite coverage.
The crown pole possibly in the future could be used because see this area here could be covered by that. But that that's not that's a separate area. That would have to be a separate application, not in conjunction with we need this
site for this area and then possibly this site because it's an existing structure, but that would be for a future uh application. >> Okay. So, you're getting right to my question. Thank you for that. Yeah. So, we even with this, you still had that area right there towards the center.
>> Yes. This is Yes. right toward so this is just uh the I'm pointing to the crown pole >> m >> and that is just near chimney ridge this is chimney ridge here where I'm pointing to >> so that area and as you can see if we had the crown pole I'll go back to the
exhibit number four >> it would help this is this is crown ridge so that would help fill that in but ideally it would be nice to have a site south west of that >> crown pole but that is >> a a different >> scenario.
>> So there's no likelihood though um specific to this application that there would be the need for more antennas going up on that water tower >> for AT&T. No. >> Okay. >> No. For AT&T. No. >> The um the crown pole. That's the one by the firehouse. >> Yes. Exactly.
>> That's the one that's got to be striped for the with because it's proximity to the airport. >> It's um I don't know if it had a I'll I'll tell you the address. We don't want anything happen to Air Force One. >> Oh, yeah. No, no. I have my notebook over there.
>> Um, do I have to give you the address of the >> My understanding is it's an existing structure that was on their their inventory and already previously cleared. >> Yes. >> Yes. >> Let me see if I >> That's the one that's on Whippity Road, >> right? >> The Crown Pole.
Yep. Right behind you. Right behind >> and the other ones at Com Road and Old Turnpike. a whole enclosure in there with with um transformers and right there's a pole very close to the house too, >> I believe. So I I have Let me get the
notes. I'll tell you the exact address. >> That's the high point of the of all the antennas, too. Ground ground height, >> right? But this this water tower is like the highest point around. >> The highest point on the track, but the other one, >> right? >> This is uphill. You know the area.
>> I know. I cried at Mars County. >> Um You know what I'm talking about. This is a high >> This is the highest point in the area. >> Hence the water tower. >> See it every >> Yes. And as you stated, yeah, the the
ground elevation is is better is it gives us the line of sight. The higher it is, the better it is for the RF. The crown pole is located at 77 77 Whippony Road >> and the diamond is at 11 Old Turnpike Road. Correct.
>> Yep. Those are the two addresses. >> All right. So, it's your opinion that this this proposed facility will remedy the coverage? >> Yes. >> That's what we have for >> Yes. Okay. Board members, any questions?
>> Seeing none, hearing none. Members of the public, any questions of this witness? Questions only? >> Questions? >> Yes. We can't ask questions. >> No. >> Yes sir. How you doing? >> Uh Dan Brumage representing Morris
County Golf Club. >> The question is following up >> uh Brumage. B R O M A G E. And the question is regarding the antennas. You said that AT&T was not
looking to add any additional to the water tower, but from my understanding once one uh service comes in, multiple follow. And what is the assurance that we're not going to have four different
cellular services on that tower? >> Uh should I answer if you can? If not, I I So go ahead. >> Go ahead. But nor every carrier has to provide the state their need for a cell site. So I can't answer for other carriers because this is only for AT&T's
network. So that they would have to put an application before the board as AT&T is doing and prove their need for their site. In your past expert opinion of 25 years in this business, what have you
seen in the past 25 years as AT&T being a leader in the cellular business? From my understanding, the smaller companies will follow you. It's there is a possibility. I I can answer that. >> Usually what happens is first in gets
the highest position and the ones that come in later all their antennas are lowered down. >> Correct. So they may not find it fe uh feasible to do that but I can't speak for other uh other providers. >> So perhaps this is for the board or is
is the port would the board be have the appetite of adding additional cell phone uh antennas onto that? >> We can't address that until the application comes out. We can't anticipate uh they're not here to provide testimony on that. uh we cannot uh we'd have to
see the plans come in before we can make any decision on it. >> Okay. Understood. >> Any other members of the public with questions? >> No more witnesses. Correct. >> There are seeing none hearing I close the public portion as to this witness.
>> Thank you. >> Yes. >> Question. >> Oh sorry. Thank you. Um, my name is Paul Ru. I'm with Hop Lake Communications. I'm a radio frequency specialist. I was just going to ask one question if that's okay.
>> Sure. >> Um, I noticed that the the selected site is like kind of on the periphery of the coverage gap. Was there like nothing like smack dab in the middle? When you look at the uh when you look at the the white space, it's kind of like on the lower the southwest border as opposed to
smack dab in the center. I was just curious. I know a lot of low-lying lying uh buildings and everything in the Marstown area. >> Yeah, there are no existing structures that we could utilize to provide this coverage gap to fulfill this coverage gap. I mean, unless we erected a new
monopole or a new structure. There are no other structures that are tall enough for us to remedy the gap. Got it. >> That's why the water tank was chosen. Yeah. >> Okay. Thank you very much. >> Thank you. >> Can I ask a question of council? Oh, >> do we know who actually owns the water
tower? >> Uh, yes. I don't know, but we have a fact witness who could tell us. >> Okay, that'd be great. >> Okay, for now we're going to move on to our civil engineer, but we'll make sure what that question's answered. Okay, >> great. Thank you. >> Okay. All right. So, I'm going to call
Greg Narajki, our civil engineer. If you could just raise your right hand. Uh, do you slely swear that the testimony you're about to provide is truth, the whole truth, and nothing but the truth? >> I do. >> And could you just please state your full name and spell your last for the record? >> Sure. >> It's Greg Nuratski. Uh, last name is N A
W R O T Z KI. >> And could you please give the board the benefit of uh your background credentials in education? >> Yes. Um, so again, Greg Natsky with GT Wireless Engineering. I'm a professional
engineer in both New York and New Hampshire and I am currently working on obtaining my uh New Jersey license. I have to finish up my secondary degree uh next month and then I'll be able to apply for uh my professional engineering license in the state of New Jersey. Uh
my history uh a little background on me I've been in this industry doing civil engineering strictly in the wireless field for 25 years. Uh the first 10 years of my career, I was in the New England Boston market. Uh in the last 15, I've been in the New York, New
Jersey market. Uh I've worked on on just about every single site type uh imaginable in this region. Um from existing sites where we're upgrading or modifying or brand new sites such as this. Uh worked on every type structure, rooftops, water tanks, towers,
billboards, uh done screened enclosures. um steeple replacements. So I have a pretty vast expanse of knowledge on uh in the wireless area and wireless design and I personally uh design I designed this plan and laid these out uh under
the uh watch New Jersey licensed professional engineer. So the board has further questions. I would recommend that he be recognized as an expert. >> You're so recognized. proceed.
>> All right. So all right. So the um our existing conditions, our existing site is obviously it's 102 uh foot tall water tank uh located in this area here. We have an existing
access road that comes in to the site. See you can see that better there. Uh so that >> all these exhibits been uh part of our packet. We do have updated site plans updated as of Friday based on some
>> part of the updated. >> So Greg, are those the updated plans? >> The the updated ones are the ones you have in your hand. >> Okay. >> So what you're displaying to the board has been submitted? >> Yes. >> Yes. Okay. >> Would you like a copy? Would you like me to mark and give you a copy of the updated plan?
>> Yes, please. >> Okay. Right now. >> Uh, might as well. Yeah. >> Yes. >> And how would you like this marked? >> We'll mark that as A1. We'll mark the whole set as A1. And then we'll just refer to each sheet as may be necessary. Thank you. >> And this is exhibit A. >> No, this is an exhibit that's in your
existing packet. >> And what not what sheet is that? >> This is sheet A1 dated 117 uh revision two. >> And then to the extent that you'll be referring to the revised ones, please just call it out.
>> Yes. Okay. All right. So, the existing conditions. Um, so we have our water tank here. This is kind of at an elevated area here. You can see the topography drops off uh a little bit. It's not very much. It's very manageable. Uh we have an existing
access road coming off of Prescott Road. Uh goes from pave to grally to a hard pack uh type um ground. Uh and then we have an existing opening in the tree line here. You can see the tree line going around the water tank. It's uh
fairly covered. Uh that provides access to the water tank that historically uh you know cars have gone up their trucks gone up to service the water tank. Um our what we are proposing on our water is that
>> what sheet is that please. >> This is sheet AO2. Uh on our water tank, 102 foot tall water tank. We're proposing 12 antennas and 12 RH's which are remote radio head units um mounted to the catwalk at a
center line of 90 ft. Uh the top of the antennas, the highest point on the antenna will be 93 ft. Uh we are proposing a uh 18 ft by 26 ft fenced compound uh at grade and I'll dig more into that in a minute. Uh from that
fenced area, we have what we call an overhead cable bridge, which gets our cabling. Uh so we could uh power the remote radio heads and communicate with them. So it gets it from the cabling at the equip, excuse me, from the equipment at grade to a tower uh leg t um to the
to the tank to a tank leg and then they run vertically up the tank leg uh in a covered cable tray. Now the the antennas and the covered cable tray will all be painted to match the water tank. Um once the cabling gets to the catwalk, it runs horizontally
around around the catwalk to service the antennas. Uh the fenced area at grade we originally had, as you pointed out, a 7 foot tall uh chain link fence with no landscaping cover. Uh and during the technical uh committee uh review of our
plans, they noted that she's 6' tall. uh and board on board. So, we made those switches. Um we've also added 13 um boxwood, American boxwood uh trees on three sides of the compound per uh TCC
um comments uh to help to screen in. Um and these are designed to be at full maturity between five and 8 ft tall. Uh so they've you know once fully matured they will screen the compound nicely. Uh within the compound we have again 18
by 26 feet. Uh we have a 12 by 20 uh concrete pad with gravel on you know off of the pad next to the between the pad and the fence. Uh two equipment cabinets uh that are you know 6 ft tall at the at
the max. Uh 27 uh KVA um diesel backup emergency generator. The generator and cabinets will be anchored to the concrete pad in place. Uh so they're not mobile or or anything like that and they stay in place. Uh we also have some
ancillary equipment equipment uh to help service the uh the installation AC panel disconnect telco enclosure. Uh and then finally we have not finally but in addition we have a uh a work light which is manually controlled uh be turned on
and off on the site by the technician. Uh so it's not a motion detected uh light that'll turn on and off. Um and lastly within that fenced area uh we have a GPS antenna uh that you know that communicates with the other sites.
Um we're going to uh be bringing in power and fiber from Prescott Road. Uh all all the utilities in this area are underground. Uh so it'll be all underground coming up that existing access road to a meter stack and fiber demark on the outside of the compound.
and that's as required by the utility companies. Um we have existing site act um parking already there. You know, we're we're not going to we're going to keep the limit of disturbance under 470. Uh so we didn't want to disturb more, you know,
more than we had to because it's already um a solid parking spot for the technician. Um, and we have a, you know, concrete ballards at the end of that parking space just to, uh, help to protect the site just in case, you know, for any unusual reasons. Um, again,
technician parking on site. They're there once a month, uh, just to service the site, to run the generator, um, to check the equipment. uh generator itself, like I said, it's uh 27 KVA um or kilowatt, excuse me, KW.
Uh which will be code compliant at the property line. Uh we're approximately uh 100 ft from the from the closest property line. So at the property line, it'll meet all code requirements for noise. Uh during the planner review,
uh you know, certain other items came up that we wanted to touch on. Um the generator itself obviously it's an engine uh is not dissimilar from a car. So it will produce uh you know air pollution but again similar to a car will only run for 30 minutes once a
month uh during non-emergency uh times. You know obviously when there's an emergency it will be running. Um but it will be service. We could set that up around the board's uh recommendations for timing of when to service it. Generally we do it during the day so we're not running it at night
when people are trying to sleep obviously uh parking I touched on that uh fence touched on that uh signage um there will be sight signage just for uh RF exposure generally we put them on the gate to the
fenced area and at the on this this on the water tank it'll be on the climbing um it'll be on the water tower leg one of them uh where the the climbing ladder is located. Uh so we'll there will be signage there. Uh and again we're trying to minimize the space here, not cutting
in a new road, not you know bring in new parking to keep our uh lot coverage as minimal as possible and it's approximately less than 470 ft. That's my >> Can I ask a couple questions? >> Yes.
>> Do you have an estimate for how long it'll take to construct the facility? >> Uh construction will take approximately 60 to 90 days. Um, you mentioned possible pollution from the generator that would only run once a month, right?
>> Um, what about noise or vibration? >> Uh, well, like I said, the the noise at the property line will meet all New Jersey requirements um for the for DBA. Uh, as far as vibration, it is going to be anchored in place. Uh, so it's not moving. Uh, once it starts up, there
will be some vibration, but that'll be at the property line minimum. We won't move in here. And you can see it or hear it vibrate at all. >> And that's only the generator. >> Correct. Yes. Correct. >> So when the generator is not running, there's no concern with noise and vibration. >> Uh there is minimal noise coming from
the equipment cabinets, but it's maybe slightly louder than the refrigerator. >> Okay. >> And then I know uh Mr. Wooder, you had a question about the sixoot fence, right? >> Yeah, it's going to be a sixoot fence. Correct. Board on board. >> All right. Great.
>> That's our direct >> board members. Any questions? >> Generator powered by gas, propane, gasoline, propane, diesel. >> Uh, diesel. >> Okay. >> Contained within the generator. >> Yeah, there's a diesel tank base. That's
a double wall tank base. Um, so it sits on that. So there's very little chance of any spillage, but yeah. And the generator sits right on top of the tank. >> How large a tank is it? >> Uh, 125 gallon. >> 125 gall. Yeah. So, how long would that
keep the it powered if there's a major outage? >> It depends on the usage for the site. You know, if it's a high volume area, um, you know, that that'll go anywhere from 8 to 12 hours. >> All right. >> Or even maybe, you know, couple, you know, little couple hours long.
>> And you'd be able to get it refilled if necessary, I assume. >> Yeah. Oh, yeah. Yeah. No, they'll they'll have access to fill it as they need, monthly, bimonthly, whatever it is. But >> yeah, hopefully the, you know, the emergency, whatever it is, doesn't go longer than 8 to 12 hours, but like we
saw with Sandy, >> powerful peaks, >> right? Okay. Um, any other question? Yes. >> Um, just for clarification, our sheet O2 doesn't show the boxwoods. >> Yes. >> Um, but so the one that you submitted tonight does show it. >> Yeah, it show American boxwoods.
>> Okay. Okay. And this And does it show the six foot? >> It does. It does show the six foot. If you'd like, I can pass this through. >> Nope, that's fine. >> Do you have additional exhibits? I need one for the file.
>> You can take this one. >> Thank you. >> I just wrote exhibit A1 on it. >> Yeah, it can't hurt. >> Who's responsible for the Thank you very much. >> The upkeep of the the water tower and how does that um play into the the
uniformity of the panels and the area that you just described to us? >> Well, AT&T is just they're they're leasing space on the on the uh the tank. So, the property owner >> um they would they would be responsible for upkeep. >> And that property owner does own the
tank. That was a question from before. >> Okay. So, Red Bull Arena Inc. does own the tank, >> correct? >> Okay. So, if they happen to ch I'm sorry, Mr. Chair. So, if they happen to change the color of the water tower >> and you're saying, you know, we're going to try to make the colors match with the
water tower. Is there an obligation on their part to notify AT&T that, you know, we're changing it to hot pink or whatever. >> I really couldn't that show. >> Yeah. I probably wouldn't want to see the tank change to red bulb colors
because it's sort of like the green now sort of blends in with the I'm sure the golf course would rather have it green >> preferably. Yes, sir. >> Okay. Uh All right. Uh is there any
um mechanism for if people have to like go up in the tank for maintenance of the tank itself, painting, etc. for shutting down the antenna while they're working up there? Would that be any kind of a risk or problem? >> Yeah, anytime there's uh any type of
issue with the AT&T equipment, let's say that's probably the simplest way to way to put it. If one of the radio heads, which basically like a little shoe box, >> yeah, >> you know, helps power their technology. If one of those dies, >> right, >> um they have to be replaced. So, they
will power down each sector as needed, let the people do their work on it, and then power back up when they're off. What what about somebody who's not AT&T related have to go up on a tower for like I said paint the tower? How would that how would they be notified to power
it down while they're up there working all day? >> I I again I think that's more of a leasing issue, but for from my in my experience um if they were going to a lot of times it's the towns that own the tank and their active tanks and they're they're working on them. So they from
time to time they'll sand blast them and repaint them, >> right? So they they notify AT&T or the carrier say, "Hey, this is what's happening." >> Um, you'd rather get off the tower or you have to power them down. So >> if Red Bull did want to paint hot pink or whatever, you never know with them. >> Um,
>> you know, I I would think it would probably be something in the lease that states they have to let AT&T know, >> you know, that they are not. Well, I would think it'd be Yeah, you're going to affirm, but you'd affirmatively affirmatively tell them now in writing that if they're going to have somebody
work at a tower, please notify us so that we can power it down for those hours. >> Yeah, I would. >> Yes. >> So, I could provide some context from from our experience representing other municipalities with active water tanks, >> right? When that maintenance does occur,
there is coordinated process with essentially a temporary decommissioning of the of the system. So, it's dormant. There's removal of some of these apprentices, most of these antennas and apprentices that they're proposing and then the opportunity to fully sand blast
and recote and repaint to then re reinstall. So, it's kind of a complete um shutdown temporarily and it's it's a coordinated effort with the contractor that's brought in by the owner to have to coordinate with the wireless facility
operator >> um throughout the entirety of that length of that contract. >> Okay, great. >> Do you have any other questions? >> Yes. Uh just so in terms of the condition assessment of the tank
uh that is solely on the owner and operator of the facility and so it's a dormant tank. It's it's Red Bulls to inspect to recote. Would you be comfortable with taking the
opportunity at this time to make the best effort with the owner to have that done prior to your installations >> if they have to do anything? >> Yeah. >> Well, yeah, AT&T would coordinate like you said with with the uh the owner, but
I can't speak to AT&T, you know, working to repaint the tanker or redo it. No, but but just to have the opportunity for it to be assessed by the owner prior to your installation so that it reduces your potential downtime in
the future and need for coordinated efforts in the repainting of the bank. >> Yeah, I have no vision into that dealing with the I don't deal with the landlord. >> That's purely a leasing. >> Okay. Thank you. I know AT&T will when they put up their equipment and they do RH swaps and antenna swaps, they do
inspect >> their own equipment and if there's any, you know, deficiencies, they let the engineer know. >> But to that point, uh, Mr. Duca, is it possible should this board approve this application that we make that a condition of the application
>> that the applicant make their best efforts to ensure that the tank is assessed prior to construction? Sir, that that could be a a uh a condition. I I think it'll be also helpful we hear from our fact witness Marty McGee. So we'll call him up too. >> Yeah. >> All right. Any other questions from >> I do I have a couple questions. Um so
the equipment in the enclosure what is the maximum height of that equipment? >> Uh I have to double check my plan. Well I think I think each cabinet is 72 in 6 feet tall. >> Okay. So the one thing I just would
offer to the board is that typically our maximum height is 6 feet for fences. But what this is not a conditional use, but if this were a permitted conditional use for cell tower the ground um uh whatever this these enclosures can
have fencing, you know, a minimum of 7 ft. So, I mean, you may want to in this instance permit that just to make sure that the equipment is fully shielded, but that's up up to the board. >> Um, >> I'd have no problem with that. >> The other uh point again, and I'm I'm
just going through this is again another conditional use standard, which of course doesn't apply here, but with the um the landscaping, it's required in our if it it was a permitted conditional use to be 8 feet at planting.
Um, and it they also require double staggered. So, it may be that, and this I didn't realize at the TCC because we discussed this, and I did not realize this at the TCC. So, it may be that you have to change the species if it if the
boxwood are not going to um be able to be tall enough. >> Okay. >> Um, and then a couple other questions. the um antenna again one of the conditional use standards is for the antenna to be flush mounted. I don't
know I'm trying to understand exactly what that means but they don't you know how will the antenna um you know does it stick out can you can you just provide a description of how it sort of is is a fix to the tower
>> yes so we do have photo um simulations So, our site center was going to introduce those. That might help understand visually how it's going to look. >> Okay. All right. And and I think the other question or the other standard was painting the panels to sort of uh match
the tower paint. So, um I guess you were remainable to that if if they painted it hot pink. >> Okay. All right. >> Yeah. Yeah. The antennas can be painted, not the RH. The antennas >> I'm sorry, what is the RH? They're the
the remote radio head units. Okay. It's basically shoe box size piece of equipment that's up there. >> Okay. Um and then the only the final thing I had was I I think you um agreed that you would uh condition of the testing of the generator um would be to
certain times and days of the week or whatever. And I was just going to suggest to the board that you pick you pick a you know like maybe a week a day between 9 and 5 or something like something along those lines. just just so that it you know >> it's not disturbing anybody at night
>> at night or on the weekends >> work hours weekday exceptions being holidays >> right >> yeah or the general regular business hours that's what AT&T does on all letter sites pretty much >> okay
>> any regulars between 9 and five Yes. >> Okay. >> Sorry. So, um when a technician has to come into the enclosure, where is the gate? I mean, is it is it facing Prescott Drive? Is it facing the golf course or
>> It is on the Prescott uh drive side. >> Okay. >> Okay. >> So, there would be a uh a gap in the trees, but if we double stagger them >> Yeah. kind of eliminate that gap. >> Well, I'm just cur I mean because that's probably the most visible, right? Is the
is Prescott Drive and so I'm wondering if the the gate can be >> rotated >> rotated to another another location southern maybe >> just so just because that's where you would really want the buffering I think from I mean >> yeah it's that's definitely going
>> okay somewhere. >> Okay. So Joe is recommending the southern side. >> Yes. So I'm just looking at there's a ballards on the at the northern end of the the drive access right the southern exposure of the fencing and the enclosure >> and it looks like between the
appearances there's room for a man door there >> to relocate on that side. >> Yep. Yep. >> On the southern fencing right behind the ball >> and that with the balls would still give you clear access if you had to get equipment into the facility. I'll move
the balls around a little bit just to make sure that they can roll new cabinets in if that's what happens down the road. >> Um back up. Pres cuts off. Yeah, Prescott's off to the northeast. >> And so so your access drive off of
Prescott comes in southerntherly and then bends west along the easement on the on the corner of the site and then bends back north into the site. >> So we're already orienting north inward. So it's not facing Prescott at all. >> Right. So if we rotate it from the
eastern exposure to the southern exposure of the fence, it would provide the eastern screening to towards Prescott and the northern screening towards Prescott. >> Isn't this already surrounded by trees?
>> So no one's going to see it regardless of where where the gate is. I think there's going to be Will there be tree removal to put in um any of the ground equipment? >> What was that? I'm sorry. >> Sorry. Is there going to be any tree removal or landscaping removal to put in the ground enclosure?
>> Yeah, there's a couple of um very small pricker bushes that'll be taken out, but they're really providing no screening whatsoever. >> Right. >> So, no tree. >> No tree removal. Just small small bush clearing really. That's right.
>> To the to the north of the ground facility would be probably the >> the lower canopy of the the undergrowth as opposed to to the >> to the east there's a lot more mature trees and then also to the south and to the west. >> Yes. Yeah. There's kind of a on the
north side there's kind of a gap. Yes. >> Looking right out. So you could stand on that hill and watch soccer training going on very easily. So, are we moving the entrance or >> I think so. Yeah. Yeah. To the southern >> southern section of fenceouthern from
the eastern section to the southern. No, >> they're putting trees up. What's the difference? They're staggered. >> Well, they have to they can't they have to have clear entry. So, they're not going to really be able >> Listen, I'm looking at photos that the whole thing is surrounded by by
greenery. So, regardless of where it is, I don't >> But I'm not I'm not sure that's accurate, right? Because you're saying that you're going to need at the gate, you're going to have to have clear entrance, right? You can't really have the stagger trees at the gate. >> Yeah. If we put it around that southern side, we can make a nice clear. It's
only a four foot gap. I think it's but whatever. Four foot wide gap. It sits on a It sits on a null essentially and from Prescott you look up into a bit of a clearing existing where that facility is going to sit, the ground facility is
going to sit. So you would see that easterly side potentially. >> Okay. >> So the activity in and out would be more observed. >> Okay. Any other questions from board members,
board professionals? Any more questions? Members of the public, any questions of this witness. >> Uh, just a question regarding lighting again. >> Oh, sorry. Dan Dan Braumage. B R O M A G E on lighting. Is there this clary? There
is no lighting going on on the tower itself. Just a manual light in the working area on the ground level. >> Uh that is correct. AT&T is not adding any lighting to the t to the water tank. Great. >> Thank you. One more question. When
additional carriers come, does everyone use that same um emergency generator? Does everyone have to bring their own in? I it it does vary from sight to site, but generally the carriers do not like to share uh
equipment or generators. So they if if Verizon or T-Mobile did come, they would most likely bring in their own their own generator. >> So they would All right. So they would have three three different sites with generators on there. >> We don't know.
>> That's just their typical installation. That's typically how things are done. But >> typical or usual? >> Both. >> Both. Okay. Thank you. >> Okay. Any other members of the public with questions of this witness? >> Seeing none, hearing none.
>> Who's going to make I have a question about the one of the connect? I don't know if you can answer. >> Why don't you ask your question then we'll decide. Keith Silverman, three Deleno Court. I live about exactly the 160 foot maximum
RF distance from the tower. Uh the drawings show the power and fiber going to Prescott up the service road. How does it get from that point to the point of origin >> that once we um start to get into
construction uh building permit, we will then set up the meetings with the fire provider and uh the electric company. Uh and then they're they're really going to determine where that closest point of entry would be. >> So underground though, >> everything everything in that area as you know is underground. So okay, >> I don't think they're going to bring in
all overhead and wires, but again we have to wait till we have those meetings. All right, >> Mr. Cableman, can I have your address again, please? >> Three Deleno. >> Okay. Thank you. >> That was it. Thank you. >> Okay. Any other members of the public
with questions? Seeing none, hearing none, close the public portion. Your next witness. >> Okay. >> Thank you. >> I'm going to call Paul Ricky, licensed Mr. Ricky, do you need to be moved? That's a panelist in order to share your
screen >> momentarily. I was going to wait for my presentation. >> Okay. >> You want to set that up now so we can set it up yesterday. >> Could I be moved to a panel? I am um >> why don't we take a fivem minute break while you get that all coordinated with >> before
>> you log in. >> Well, I have a screen up. >> I can raise my hand. >> Are you logging to the meeting so he could move you as a panelist? >> No. Uh you just got up on the screen.
break. >> Yeah. Well, you figure this out. I want to take a fivem minute break. Okay. >> Five minute break. >> I'm joined now. >> This I'd like to call back to order the regular meeting of the township of Mars
Board of Adjustment for November 24th uh 2025. Miss Santiago. Roll call, please. >> Miss Simmons, >> here. Mr. Tractenburg >> here. >> Mr. Williams, >> here. >> Mr. Chusta >> happily here. >> Mr. Benois >> here. >> Mr. Kramer >> and I'm here.
>> Miss Polara >> here. >> Mr. Wooder >> here. >> Mr. Duca >> still here. >> Mr. Bush >> here. >> Mr. Laney >> here. >> Mr. Ralph >> here. >> And Santiago here. >> All right. >> Mr. Richie, do you soundly swear that
the testimony you're about to provide is the truth, the whole truth, and nothing but the truth? >> I do. >> Okay. And could you please give the board the benefit of the background of your credentials education? >> Yes, I'm I'm a licensed professional planner. I've been licensed since the year 2000. I'm also a member of the American Institute of Certified Planner
since 199 or National Certification. I have a master's degree in city and regional planning which I received from Ruckers University in 1997. I'm currently a municipal planning consultant to six towns. I'm I'm doing work in in eight towns for uh other projects. I' I've testified I don't know
the exact number but I testified for my first wireless case over 20 years ago and I it's upwards of 100 cases um now less these days than in years past. Um I've been qualified in in over 250 towns throughout the state. I I have been qualified I think in front of this
board. I know in front of your plane board you all look very familiar to me. So um >> you look familiar to me. >> Yeah. So I I have been qualified in town before as well. >> Okay. Your license is in good standing. it is sir >> except as a professional planner.
>> Um maybe I'll I'll get started. I wasn't going to repeat like all the the bulk variances, but the board's aware we're requesting the D1 uh use varants. And just to be clear, I did speak with Miss Laney uh about this because we were initially confused about the use far um
and and and how it was interpreted is that u in your O4P office and research laboratory plan unit development zone. I'm going to repeat that a couple times. Um, wireless antennas are permitted as a conditional use. However, since we are
in the non-residential overlight option as employed associated with the Red Bulls Arena, it was determined that a D1 use fire is required. But as a planner, this area uh in your zoning ordinance or your zoning map did anticipate wireless
facilities as as a conditional use. Uh, just want that on on the record. Um, and we're also seeking the D6 variance. You heard from our site engineer that the highest point of the antenna wireless typically measured to the center point was 93 ft on an existing 102.75 ft
tower. And I'll discuss the bulk variances as we move forward, but those bulk variances largely relate to the existing non-conforming condition of the water tank. I looked at aerial photography today. The water tank was built around 1962ish
according to my records and that area largely was not developed at at very limited development in the area at the time and then over time you know it through that when I went through the set more and more development occurred in the area. So, um, with that said, I was
going to just jump into my direct testimony. Um, for the board to consider a D1 use fair for a wireless telecommunications facility, um, there's two parts of the positive criteria. The issuance of a FCC license generally establishes that that the use promotes
the general welfare of the community. And the reason for that is and some of this you heard from the leading case the the smart case. Um it gives direct access prompt access for family interactions access uh direct access to information. Um as early approximately
in 2022 over approximately 82% of all individuals only have a cell phone in their house and it's a primely uh primary form of communication. Um, and give a couple numbers in a
moment if I could. Um, over 240 annual calls to 911 come from cell phones. And here, uh, AT&T is the only provider that provides the FirstNet. That was discussed by, um, our radio frequency
engineer. And that gives your uh first responders um a dedicated band so they can have uh emergency interactions during a time of need. So, by way of example, I'm not sure if the Red Bull Bulls facility is going to draw a huge
crowd um like during their practices or not, but if if there was a capacity issue at the facility, they would have access to their own demand for their for their own um first responder type uh activities and and these are reasons why
wireless communications facilities promote the general welfare. Um your planner also we had conversations and I we we had a conversation we discussed in the leading case the smart case um it did not say that wireless telecommunications facilities aren't
inherently beneficial use um although that the the proofs that I'm going to discuss today uh regulate them as such when I when I discuss the negative criteria but that case did find that the court may have found that issue differently being they may have
considered it inherently beneficial if the wireless telecommunications installation was associated with collocation or or placing it on another structure rather than the construction of a of a new tower. Um, regarding the
particular suitability of the site, you heard from Mr. Panesso, he he described the gap in the coverage area and that this facility would eliminate that gap and that this facility is the is the lowest height and the right height to meet those those coverage needs. So from
a radio frequency perspective um this site works um AT&T is required by law to fill its gap its service area gap. Um from a planning perspective um by colllocating on a tower it's generally considered the least obtrusive means to
provide coverage to the area. Um years back um I was in the area up Columbia Road um going towards I forget the road that that crosses over there but um for a monopine facility at the self- storage facility because they were looking to
fill um service in the past as well. So the the point being is by by finding a site where you can just place antenna on it eliminates the need to build a new tower and that's the the first option that that AT&T tries to employ because that's the least impactful way of
providing this type of service um to the area. So from a planning perspective as well um this is an excellent opportunity to provide new wireless service. Um, I just would also mention that I I did look at your wireless communications
ordinance in this application uh would address um several purposes of the ordinance. Minimize the total number and height of wireless telecommunications towers within the township of Morris to mitigate the greatest extent practical
by citing screening and landscaping the adverse visual impacts from wireless towers and tenants and other facilities and to prevent adverse visual impacts from wireless communications towers and tennis and other facilities within areas zoned and used for residential purposes.
We're in the non-residential overlay here along public streets, within historic sites and districts, within public parks, and along ridges and uh skylines. Um so this application clearly advances the the positive criteria. Um regarding
the negative criteria for these type of applications, it's viewed similar to an inherently beneficial use. We rely on the the four-part Sika balancing test where we balance the benefits of an application versus the detriments. And this is not a situation where you evaluate whether there's a substantial
impact. You're balancing whether the benefits of this application outweigh the detriments under the law. Um I already indicate the first part of that test is to identify that the public interest at stake. And I've already really mentioned that the ability to
make emergency calls, prompt access to reliable information, uh, and the like. The second part of the test asks us to identify any negative impacts. And I think everyone recognizes on this board that wireless telecommunications facility are passive uses. They're different than other use variances
application that this board may typically hear where someone's adding substantial amount of traffic, uh, noise, um, potential for pollution, health impacts, employment or population changes. These facilities don't need
water or sewer. you you heard from the site engineer there's a monthly or bimonthly maintenance visit needed to make sure the facility um just to do their checks but the facility is largely operated remotely um so the only potential negative impact for wireless
telecommunications facilities is the v visibility of the the installation and for that purpose I prepared uh photographic simulations dated September 23rd uh 2025 Five. What I do is, in this case, we have an existing structure, so
it's a little bit easier. Um, I go out, I canvas the neighborhood, I drive around, I look for where the the tower is visible, and I also typically include a couple pictures because, um, the tank tower, it's not visible from from
everywhere. There's points um throughout the neighborhood that it's it's not. So what I do is I'm not trying to um lack a better word hide anything. I I take pictures from what I find to be the the worst potential visual impact. So the
board can see that recognizing that you know a 100 plus foot tower already exists at this location and um and development has historically occurred around that tower over time. So, um, the first picture is an is an
aerial photograph. Um, this was prepared in a geographic information system that allows me to overlay, excuse me, um, the lot line base for the area, road names, and the like. And each number corresponds with the representative
picture uh, of the my exhibit, which I have here somewhere because I might want to look at both. So picture number one is located approximately uh 600 ft northwest of the site. Um this is taken from the nearby
residential townhouse development. Um that is located slightly northeast of the site that was discussed. That's approximately 200 feet away in the part of the previous testimony. Uh from this vantage point um we we take um the
engineering plans, we bring them to scale and when we place them on the water tank, we show them as white because if we showed them at the exact color on the tank, you would not be able to see them as clearly. So we show them in that fashion to so you can see them. Realistically speaking, they're going to
be painted to match the tower, but you know, you'll still be able if you're very close and have binoculars observe them. But the point is uh we're doing all we can to mitigate any visual impact on an on an existing tower.
And then as you move further away uh photograph number two, this is approximately 980 ft west of the site. You can see at that distance the antenna become even more difficult to see. Um clearly as you further you you move away
from an object the more difficult uh a small object placed on a large water tank becomes. And also you can see that the area around the tower um is largely obscured uh by trees. There's a little bit of an elevation change there when you drive by the roadway and there's at
least I didn't see any visibility um from the the the access roadway Prescott Road when when I was in the area. Um and then picture number three, this is taken um on Punchbull Road approximately 1,850 ft southeast of the
site. So that was if anyone drives down the road, the picture was taken where the the kind of an like maybe like a maintenance access road there, >> right? >> Uh so that's where the picture was taken look looking directly across the golf course and at the location there was there was no visibility uh of the water
tank. Uh same picture number four. We drove into uh a neighborhood west of the site approximately 2480 ft. Uh it's east looking west towards the the the tank. Um that neighborhood
has significant trees. It's still well removed. Even if it was visible, I don't think you'd be able to discern the antenna from that location uh as well. There was no visibility. And then here construction uh underway. Uh photograph number five is taken
approximately 1450 ft northeast of the site. Um you really have to zoom in now to start. Computer looks a little slow here. Apologize for that. Not sure what's going on. Zoom back out. That's not
good. I have a spinning circle of death. Mr. Chairman, I apologize. Um, there we go. Bear with me. I'm going this maybe scoop back and forth here. It's never happened to me before.
Not helping you because I didn't hear that. I'm sorry. Oh, here we go. Maybe I have to pay for the subscription. >> Um, >> that's it. >> Now, if it continues, I'm going to go to
the manual board for the I just have one more. >> Just one more. >> I just have one more picture. >> Um Um, the final picture is photograph number six from Florida. Uh it's taken 1220 ft northeast of the site. Um
looking at the tower at this location, you can see the antenna at on the top of the water tank. Trees largely obscure obscure the water tank. And there's small antenna on an existing large water tank. It provides a very minor impact. And it was my overall conclusion that
we're we're placing antenna on a large water tank and the visual impact uh is being mitigated through camouflage. It's extremely localized and and minimal uh in the context of this application. Um the third part of the test asks whether the applicant can mit mitigate
any of these negative impacts. And here the applicant is is painting uh the antenna to match the tank to try to obscure it to the maximum extent practical. applicant always listens to any um conditions that the board may have and but that's what was proposed uh
by the applicant and the fourth part of the test asks us to balance the benefits of an application uh versus the the detriments and here I think it's clear from the use fairings perspective that the benefits of providing this service to the community farly far outweigh the
detriment associated with antenna uh being installed or colllocated on an existing water tank. Uh in in terms of the the bulk variances um um the the first variance is associated with with
uh the the existing setback of the antenna anywhere approximately 130 ft from the southern track boundary where 175 ft uh is required. Um again um this is an exceptional situation facing the
applicant where they're looking to collapate uh on an existing uh water tank. So I believe that we suffer from a hardship in that regard. Also I believe it's a better zoning alternative to utilize an existing site um even a
non-conforming water tank rather than constructing a new tower in the immediate area. Um and in these and and that's my conclusion really for for all the variances in terms of um the 125 foot required setback to the east west
residential overlay district boundary where approximately 85 ft uh is proposed also for having a parking setback uh less than 100 ft which is approximately 90 ft on an existing paved surface that
will be screened and not be visible where 100 feet is required. Um I believe that's a dimminimous type variance uh under this context uh as well. Uh and then we need a variance because we're within we have a light source which
within 200 ft. And again this light source is under 100 watts. I think it's 67 watts. It's similar to a bulb that you place on a residential house that will just be turned on when someone's doing maintenance on the site. So we we we feel pretty comfortable that light
will not provide result in any negative impact to surrounding property owners uh or the like. And regarding the height, you heard from Mr. Panesso that the height is ne necessary to affectuate the use for wireless telecommunications facilities. That's a that's a that's a
special reason under the law under the case uh the the courts in this regard. Um, and so it's it's different than other land uses where the the height uh is associated with trying to build additional density
um build something larger than than than is permitted for a residential structure here. It's necessary to to effectuate our use. Um, and that that concludes my direct testimony. Okay, >> board members, any questions?
Any questions from our professionals? >> I got a question. Oh, sorry. >> So, you mentioned that this uh tower was built in the 60s >> based on the aerial photographer I reviewed. I reviewed a a drawing in 1962 that showed the water tank. >> Does anyone know the useful life of a
tank? Water tank? >> I mean, is this thing ready to come down? >> No. If you maintain it, it's it'll stay up for a long time. I mean, uh I know that tank was there in ' 64 and it didn't look new then. It's not being used right now, is it?
>> Oh, I know. But it could still >> have its end of useful life. >> Just curious. I mean, you guys are saving a lot of money by not having to build your own. So, >> okay, that was my question.
>> Okay. Any other questions from board members, board professionals? Any questions? >> No. Uh, Mr. Chairman, the Mr. Ricky, I um you I think you should all have gotten my letter that was I think circulated on Friday that put out the
proofs and Mr. Ricky addressed all the proofs that are outlined in my letter. Um and as he indicated, this use is a pretty unique because it has a lot of federal regulations that sort of preempt what we can do locally. Um, and so that's something that's important to
keep in mind that it it is a fairly unique use and what you can sort of um regulate on a local level is strictly controlled. Um, and and really in some certain instances actually just outside of our our abilities,
>> right? >> Um, so I just offered that that I don't have any additional questions. >> All right. Yeah, that extends also like the ham radio operators if I believe on certain conditions that's why he can locate towers in a residential zone. >> Yeah. Yeah.
>> Ham radio. >> Any members of the public with any questions of this witness? >> Okay. Seeing none, hearing none, close the public portion. >> Thank you. >> We have one more witness if you want to give him.
He is a fact witness but he handled the acquisition. >> Okay. See you. Good evening. My name is Marty McGee. I work for Arismith Development out of Saratoga Springs. And I'd be happy to answer any questions I raise your right hand. >> Of course. >> Do you sound soly swear the testimony you're about to provide is the truth,
the whole truth, and nothing but the truth? >> I do. >> All right. Thank you. >> So, do you want to give just tell us your background relationship to the project? >> Sure. Um, I'm a site acquisition specialist. So, basically, I would come
in and and handle things from the beginning uh throughout the leasing process, throughout the zoning process, throughout the pering process, and hand it off for the uh construction start. And that's uh where we're at right now in the process. If you have any
questions regarding um well, any questions you may have, but >> So, you get like uh told like there's a deficiency in this area. go look and see if there's possible sites. >> Yeah. I mean, in a very simple way, it starts with a circle on a map. That's I
would receive a circle on a map um with a deficiency coverage gap. And I think Dan Panesso was was able to uh illustrate that hole in coverage and that's my goal to fill that coverage. That's the objective of AT&T so they can
get their service out to its customers, provide firstn net to uh emergency responders. >> Okay. >> Simply put, >> any other question? >> Is FirstNet being actually do you have clients on FirstNet here?
>> Me. >> You're on FirstNet? >> Yeah. >> Okay. Horrible. >> Well, I mean, I'm looking at the power levels. higher than the than the general wireless parallel. Not significantly higher, but higher. I'm just wondering, obviously, it covers a bigger area. >> Yeah.
>> Antennas of it probably. >> Yeah. It's it's a dedicated uh network for first responders of uh of all types. It's um you know, I can't speak exactly who, but we have one right here, Mr. Schustster. Yeah. >> So, okay. Just wondering if it was if
you're betting on future bit, but obviously you have current business. >> Yes. And we have to maintain a certain, you know, level of uh effectiveness to to maintain that. Obviously, you don't want to be wasted on someone who doesn't provide. >> I'm very familiar with that.
>> Okay. Any other questions from board members? >> I I know the board was curious who owns the the tower. Do the tank. >> Yeah, absolutely. you know, almost you could say both now, but uh Red Bull Arena, that's who we entered into a lease with for this. It's their tank. Um
Yeah, they're the owners of the tank. >> Yeah, cuz I I didn't realize that the tank was uh had been abandoned. I I thought it might still be in use. >> No, it's dormant. There is no water in the tank. Correct. >> Right. So, I was like, Usually those things are owned by the
utility authority. So, you know, nine times out of 10, uh, they are I've actually I've been doing this for about 25 years. I've actually come across one private owner of a tank. In addition to this one, it's not the norm. >> Uh, typically, yes, it is a municipality that owns a tank. Yeah.
>> Does your leasing agreement allow you to require them to keep it up at a certain level? >> No, we we're we're merely leasing space on the tank. It's not our tank. >> I I ask maybe I'm asking the question improperly. If you drive out Columbia
Road about another three miles into Floren Park, there is an antenna mount. There's a tank with antennas that's heavily rusted. >> Mhm. >> And it the antennas become unsightly against that. Next time you drive down
Columbia, look >> to that side. >> And what what would you do if that was happening? I I'm not exactly sure what your >> It makes the antennas much more visible if they don't keep up the tank. Right
now it's a fairly nice color. >> Yeah. >> You know, amendable to the golf course, etc. What if it starts to deteriorate? >> Do you have do you have in your lease terms the ability to say fix this? >> No. And we don't have control over the tank itself. We're merely leasing space
on the tank. It's not our tank to say it looks good or it looks bad. It's it's it's our position that we pay rent in order to occupy occupy space on the tank. But as far as the aesthetics of the tank, not under our control as we don't own the tank. I hope that answers your question.
>> Okay. >> It's not ours to paint or to judge whether it should be painted really, >> but you can recommend that it be painted >> for what that's for what that's worth. If uh you know AT&T is, you know, they're putting antennas on, it's not really there. >> Right. Right.
>> Yeah. their position. >> We just want to make sure the tank stays up. >> And I understand your position. Absolutely. Yes. >> Yeah. That's what I was thinking about. Let us start eating into it and >> Yeah. How long is the lease for? >> 30 years. >> Okay. >> Yes.
>> Did you all approach Red Bulls to say we've got a gap in coverage and you have a facility that we think you could benefit from? >> That's a good question, Miss Simmons. And that predates my involvement in this. There was another company that uh was involved. So, I didn't initially, but I did take it over and uh yeah,
they've been a pleasure to deal with from the get-go uh throughout the whole process. They've been a pleasure. >> So, do you know if there was any other site that was considered before you all went to the Red Bulls? >> I know that as part of this process, we did look at the site. I believe it is um
the diamond site. I believe it's 11 >> Whippony. Old termite. Thank you. And then the one the crown site on 77 Whipony, I believe. And anybody that does what I do, you want to make sure you know, you look at, you know, it's not our our goal to build
a new tower. It's most expensive. It's it's the the last thing you want to do. You want to find something that's existing. Um for a variety of reasons, including the ones that Mr. Richie stated. Um that's what we're looking to do. You want to find something existing. Um and that's what we did in this case.
Any other questions from board members? Any questions from board professionals? Any questions from members of the public? Right. Seeing none, hearing none. Any other witnesses? >> No, sir. So, 18 respectfully requests that the board of adjustments grant the
request of D1 use variance, D6 height variance, and the four C variances. >> Okay. The D1 is the use, D6 is the height, and then the four bolt variances. Is that correct? And we're going to need a fence variance if we're going to >> Yeah, that was the only note I was going
to make is if the board uh >> I think you covered that. >> No, I think that they would Yeah, they would officially have to request that they be permitted to have a fence up to 7 ft. Yeah. >> And I would also just put on the record
that uh that wouldn't cause any deficiency in your notice. Your notice covers the purpose of the development. So that would be subsumed within what you notify the public about for comments. >> Pardon? >> You're open for comments. >> Any comments from the public on this
application? Seeing none, hearing none, close the public portion. Uh >> I have one question and we might have to recall the first witness. So, I'm uh I'm looking at the coverage map of First Net on uh on my FirstNet phone. Uh and it
shows no no lapse in coverage in this area. So, do you know why this map shows full coverage and your maps show deficiencies? I took I'll refer back to the exhibit some map one which I'm referring to.
>> This is this uh exhibit depicts the existing on air coverage and you're saying that your shows full coverage with 700 meghertz >> full blue. >> Yeah, it shouldn't. So I don't know what map that I don't know how they produce that but this is the actual coverage that is being provided by the existing
on air sites. >> So I would have to find out what I I don't know at this time why that would show that on your phone >> when that's not the actual coverage that's being provided by AT&T currently.
>> Okay. >> It shouldn't show >> this is from the >> What is the threshold though? What does it show? Could could it be a a co-ocation from another provider that provides support to that network? >> It shouldn't be because it's licensed to
AT&T only to AT&T 700 MHz spectrum that would be allocated. >> Okay. >> To that, but I don't know what threat what signal level that is. What is that showing? You know, >> is it just on street cover? Because what you see here this is representative of
for 700 meghertz we need to have for inbuilding negative 95 dBm for reliable in vehicle we need 105 dBm that's the threshold limits that we need to provide coverage if in this area here you would have on street coverage like outside of
the car you would see the where it's labeled where showing white >> it's you could have on you could make a call if you're not in a car. That's probably what your map is showing, but that's not showing reliable in building or reliable in vehicle. >> All right. Cuz this is this is showing
5G plus. >> Yeah, that that I don't I would have to find out what that >> find out who I can call to get a refund on my monthly bill if that's what I'm paying for. >> But you should but as I say, this is showing reliable in vehicle and reliable
inbuilding. The blue and the green. The blue represents the inbuilding. The green represents reliable vehicle and we would have on street coverage but as a wireless provider we have to provide at the minimum invehicle coverage mobility cuz it's a mobile network. So you would
have we we we would have coverage if you were say you had to make a call you're a first net user you would most likely have to be outside of your house or you know you'd have to be out outside of because the house and the car it causes attenuation to the signal. the signal
gets weaker. That's why you're able to make a call outside, but inside you wouldn't be able to because the signal gets weaker as it passes, excuse me, as it passes through the walls or whatever obstructions the signal hits. >> Okay. Thank you. >> But that's interesting to note that I
got to I have to uh on firstnet.com I'm going to have to find out myself for that. But that's that's how I'm thinking that's what it's showing. >> Okay. >> Yeah. >> Thank you. Thank you. >> Okay. Any other questions for along with
the comments from the board members on this application? >> I I've seen wireless applications before. This one's probably a a much better one than the most I've seen. >> Yeah. I think they've checked all the boxes. They've demonstrated the need.
They've demonstrated the safety. Uh they've demonstrated the need for the height. um they've uh minimized the visual impact and the negative uh impact on the uh surrounding area and it's an
uh beneficial and necessary. So I'd be all in favor of approving this >> for those reasons. I would agree topographically in the right place. >> Yes. >> So can I get a motion on this?
I'll move the uh I move we approve a second >> with the conditions that >> yeah while we review any conditions. >> Sure. >> Do you have any? So, um we uh noted the condition about uh
relocating the the access uh from the east uh fence to the to the southern fence so that the staggered tree buffer is maintained in the most uh appropriate location. Um also um painting uh the
panels to to match uh the tank color-wise. uh testing the generator on weekdays uh during business hours between 9:00 and 5:00 pm. Uh and then als the the fence will be 7 ft. Uh assuming
this board acts favorably, they would obviously be >> and their plantings have to be >> the plantings to the satisfaction of the uh town. Yeah, the plantings the double staggered 8 ft at planting and then I think I mean they testified to this uh we didn't request it but the board on board fence I'm not sure that that was
in the original >> they said they would go to >> and they would do it. Yeah. >> So we request the C variance >> oh for yeah to go to 7 ft. Yeah. >> Do I do that right now? >> Well no I think you put it in >> you just verbally and then yeah
request to see varian >> Yeah that'll be under >> Mr. Chairman, we are stipulating that they would paint them to match the tank. If the color of the tank changes, do they have to change the color of their >> Yes. >> equipment?
>> Yes. >> Okay. Any other comments from board members? If not, >> I already made a motion. Somebody >> made a motion. I need a second. >> We need a second. I'll second it. >> Thank you. >> Miss Santiago.
>> Miss Simmons. >> Yes. >> Mr. Tractenburgg. >> Yes. >> Mr. Williams. >> Yes. >> Mr. Schustster. >> Yes. >> Mr. Benois. >> Yes. >> Mr. Kramer? >> Yes. >> Mr. Wford? >> Yes. >> Some move.
>> Mr. Muca, do we need to sign this agreement? >> Oh, I I was supposed to sign up. >> Yes. Do we need to sign this? Miss, we need your signature. >> Yep. Oh, we have other matters.
>> Sorry. Golf course guy. >> Hey, Aaron. I just want to thank you. >> This an agreement, a tolling agreement that needs to be signed. >> I didn't knock that over, right? >> Thank you, Dan.
>> Thank you. It was a pleasure working with you. >> Oh, that's the um shot clock uh tolling until the 29th of December. >> I think she did comment on it. I mean, >> I have no problem with circulating
electronic signature. I don't know like tone on their side. >> Can you provide me with a transcript? >> Yes. >> Okay. We're actually still in session here.
Okay. >> All right. >> We haven't adjourned yet. >> I know. Do we have any other business? >> At least you're busy. >> Any other business we need to take care of? >> No. >> No. >> Next meeting on the 15th. >> No. On the 8th.
>> I'll be here then. >> Second Tuesday of uh December. Okay. >> Second Tuesday. >> I mean Monday. Sorry. Monday. Second Monday. >> Okay. Uh so motion to adjurnn. >> Motion to adjurnn. >> Do I have a second? >> Second. >> All in favor?
>> All opposed?