e e e e years welcome to tonight's meeting of the zoning Board of adjustment of the township of Union which is being held pursuant to the open public meeting law c231 laws of New Jersey dated 1975 notice of this meeting was advertised in the local source and door The Star Ledger the two newspapers of record and notice has been posted on the bulletin board in the municipal building adjacent to the municipal clerk's office roll call Mr Wy here M Martins here Mr benova present Scott is absent Mr Johnson here Mr mcneel here Mr Graves is absent Miss rickets presid and Mr Champion here there being a quorum present this meeting is now declared open Mr manguso at this time are there any Communications uh there are no Communications Mr chairman our first order of business this evening will be the adoption of the resolution for calendar number 3433 BF corporation located at 2655 route22 West block 3402 Lot 8 and it was for a research laboratory out an outdoor storage of liquefied gas and the associated parking board members you've all had a chance to read the resolution are there any board members who would like to comment make changes or modifications to the resolution as it is written hearing none may I have a motion and a second to adopt the resolution Mr chairman I move that this board adopt the resolution has read and modified as accurately memorializing the previous findings of this board second a motion roll call Mr Wy here M Martins uh Mr Johnson yes Mr mcneel yes Mr Ben Vaga yes Mr champy yes continuing with tonight's meeting our next order of business is calendar number 3436 New York SM sa limited partnership DBA Verizon Wireless located at 2400 Mars Avenue block 3911 plot 26 applicant wishes to install new anten is on this building councel good evening chairman ladies and gentlemen of the board Jennifer caner from Price me shman and Dr Mano on behalf of what's commonly known as Verizon Wireless um I believe some I recognized some of the faces from when I was here back June of 2022 um hope everybody's having a nice summer um I also back in 2022 filed the same application for three uh additional tenas that were never installed um I'll briefly go over and summarize the project so Verizon is licensed by the Federal Communications Commission to provide personal wireless service subject property is located at 2400 Morris Avenue also known as block 3309b lot two it contains an existing office building Verizon was granted initial approval for the site back in 2003 by way of a use variance for this existing Wireless facility and then we were back back in 2022 of June as I just mentioned for an additional Wireless installation this evening we're proposing to install three new antennas on the facility top of the building is currently at a height of 36 ft by 6 in there is an antenna screen on the roof of the building with the top height of 45 ft the three new antennas like the existing nine will be placed behind and below the screen so you will not be able to see these antennas it should be noted again that we did obtain approval for the three new antennas back in 2022 they were never installed and we're not proposing uh any other changes with respect to the equipment compound and location but I'll have my engineer go into more detail on that so what I did is I filed initially an interpretation and appeal of your zoning officer's decision um based on from when I was here back 2022 I think I know that what that's result is going to be so I have with me my team to um provide testimony with respect to the application for variance relief um let me just get this on the record so under you just spell your last name for the minute so she has it please oh sure it's k n a r i c thank you no problem so under 6409 a state or loc local government may not deny and shall approve any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such Tower or base station we submit that the proposed facility is not a substantial change um and we also submit that the proposed collocation Falls squarely within the New Jersey collocation Law because the existing Wireless facility has been granted all necessarily approvals the proposed collocation does not increase the height or width of the support structure and finally the proposed Co collocation complies with its prior approval and does not create a conditioned which requires um additional um relief relative to the New Jersey collocation act um I don't know do we want to do a vote on that first no I think we set this up simply as a D2 J okay no problem because we had that rule P I think coler's weighed in it really is unsophisticated ated in that regard I mean I don't want to make too little of it is a D2 but I understand completely B on our protocol way we wanted to get the property owners to get their listing it seems like just your team is here tonight exactly these are all so I mean I I marked A1 your submission which was the application with support and check items I marked A2 the site plan which I think was comprised of 13 Pages correct uh Network connects dated it May 2nd 2024 so uh just to expand on what it is this the adjustments of the site sure I think would do it I mean I'm not telling you how to run your case but the interpretation issue of course I just wanted to preserve it for the record absolutely and I so note that for the record and we'll make sure it is included wonderful thank you um so if without any further Ado I can put up my first witness do you have okay okay they have copies too from Theiss happed over there yeah why don't you set up right over here yeah I'm going to need the mic too thank you good evening can I just ask you to swear or affirm that the testimony you provide this evening is the truth and the hter yes and for the record to State and spell your name your business dis affiliate my name is Jacob minority and that's spelled uh m i n a r Di and I'm with network connects Jacob J C correct thank you Mr M will you please provide the board with the benefit of your qualifications and experience for the record yes sure um I've been working with network connects for uh close to 11 years in telecommunications installations um I have a uh bachor degree in civil engineering for through um Ruckers University in New Brunswick we'll accept his credentials thank you very much um and you prepared the site plan that you'll be presenting this evening your firm uh correct that we con acess yes okay um I'm going to have you briefly review what the existing conditions of the propos of the exist of the installation is on the roof currently yes correct um so the existing installation consists of nine panel panel antennas and nine remote radio head units um the scope of work we're proposing is to remove those nine panel antennas and those nine remote radio head units and replacing them with 15 panel antennas and eight remote radio head units um and with respect to um um so a total of 15 proposed antennas is being um would be if approved favorably this evening would be constructed with all the equipment that's there now coming down yes that's correct but for this evening we're seeking the additional three that we need for the fourth and last sector being proposed which is Delta correct yes that's correct okay and with respect to any other um impacts could you just briefly describe additionally what any any other equ that's being proposed uh yeah sure well that's the majority of the equipment they're also proposing one um ovp box which it kind of acts like an electrical uh surge protector just to protect the equipment from um you know power surges that sort of thing and the Telco will remain underground that's correct and no new lighting proposed uh no additional lighting no additional signage proposed no water or Sewer Service required uh that's correct no it's an unmanned facility Up on the Rooftop and currently um we don't have any issue with any noise no we're not proposing any no proposed equipment won't I think it makes a like a very low electrical hum that you can really only hear when you're you know Up on the Rooftop next to the antennas and you said it's unmanned how often is the equipment maintenance main veras Wireless typically has um a cell technician visit their sites about once every uh 3 to four weeks um just to take account of the equipment make sure everything's running correctly if any minor adjustments need to be taken or minor Parts need to be replaced that's when that would occur okay and you've had an opportunity to reie the uh board professionals reports such as fire and the board Engineers report uh you know what I have not given that a thorough review but I have uh we went over with the request for the fire department we take no issue with regard to those requests we can follow any request uh needed on that end okay and the other comment made by the board Engineers that we comply with fire safety and construction code which we have indicated on the plans yes we can we will um we will comply with all um required uh health and uh building codes all safety uh fire Electrical Codes um we also have those codes listed on the title sheet of our plans on the bottom leftand quarter okay great I have nothing further of this witness are there any members of the board that would like to question the testimony Mr minority has provided this evening I just have one reference board engineer also LIF up potential help increasing health risk because the increas in number of an sure I I'm going to have RF um address that but I'm sure your board attorney can weigh in on this too you case law is pretty well settled that we can't consider Health impacts when presenting applications before boards right this is the Rob Pano the board attorney Mr well for all board members of the public saate I me I noticed that reference the health aspect of these cases is preempted under the federal rules I think what I'd like to see and I think you have a radio yes I do on the need as much as anything absolutely he's coming up just the confirmation that the site is as it exists I mean the expansion part is what we're here sure both aesthetically and for any impact that there's nothing Beyond what's there now I think that's what we need to establish for the record and on that legally I can certainly as the board attorney make recommendations to the board great thank you it go straight forward are there any other board members that would like to question this Witness hearing none are there any members of the public that would like to question this witness hearing none counselor your next witness absolutely my next witness is Mr Andrew Peterson of dbm engineering it was a good question Mr MC by the way I didn't mean to suggest that it wasn't I point I was going to point that out when we started the reference to the health that always raises a a bit of a an issue can I ask Witness can I ask to witness to swear or affirm that the testimony you provide this evening is the truth and the whole truth I do and for the record State and spell your name with your business affiliation Andrew common spelling Peterson p t r s o hn uh my firm is dbm engineering I've been involved in the design of these types of facilities from a radio frequency standpoint for about 25 years um I'm a professional engineer licensed in New Jersey and a handful of surrounding states I have undergrad graduate and graduate degrees in electrical engineering uh both from Lehi University have testified hundreds of times the board will accept his credentials thank you thank you very much Mr chairman um just to confirm Mr Peterson V Verizon is licensed by the FCC correct they are okay and um you prepared some uh exhibits for this evening did you want to run through those briefly sure I did and um I'll I'll refer to a design report that I authored that that was not submitted as um an exhibit but um can be if if need be um is that what's on the screen right yeah this is what we're showing on the screen um are the existing conditions um for the best server coverage um so what that means is um the three sets of antennas now um that are on the the uh the existing facility um uh the that existing facility is indicated most Central to the exhibit with the target shaped icon that it's labeled Union 3 um that that's the Verizon name for the existing facility uh those three set sets of antennas are producing the blue Northerly footprint uh the the uh red southeasterly facing footprint of coverage and the lighter blue Westerly facing footprint of coverage that are emanating from that site um the uh sectors that we call them the groups of antennas U that are existing there are currently overburdened with with traffic the Verizon Wireless subscri subscribers um demands um are not being met there's there's a chronic state of exhaustion on the resources there where they they just can't handle the demand so uh what Verizon is doing is upgrading uh the existing antennas there um adding the new 5G technology and also proposing the addition of a fourth set of antennas that's going to face roughly South um so what we're showing on the next screen is uh the anticipated best server coverage where now we have that southerly facing set of antennas producing that green um the green shaded footprint um which is which is emanating roughly south of the site and you can see doesn't want to work here but you can see that piie shape of coverage in green that's that points generally south from the site that's the new coverage from the uh from from the proposed sector um beyond that there will be so so there will will be a great Improvement in capacity oh thanks it doesn't seem to work the the laser doesn't want to work on the screen up here yeah reflecting a little I don't know in any case um mouse works yeah okay sometimes the simplest solution is the one to go for yeah so that's the green sector of uh newly shaded area um that the fourth that the fourth set of antennas will provide for so um beyond that there will be an improvement in uh coverage so for service we need cap capacity and we need coverage uh this will greatly improve the capacity the ability of the site to uh handle the traffic demand there will also be an improvement a slight Improvement in INB building coverage in the areas to the South due to the addition of the that that southernly facing sector um so these improvements will will go um a long way in um adding capacity for Verizon Wireless subscribers in the area good with that yeah okay and Mr Peterson you also um prepared which was also not submitted but an RF Mission study and FCC compliance report could you please go through your results of that yeah and to the question earlier um we are we are uh required to demonstrate compliance uh with the FCC guidelines for human exposure to electromagnetic emissions um because there is an addition here of some antennas um and and some additional output from the site there will be a moderate increase in electromagnetic emissions to the surrounding areas uh but nothing um that would uh put this facility into a state of non-compliance in fact um including the new facility uh proposed with uh the fourth sector of antennas um and the uh additional antennas in each of the sectors um the electromagnetic emissions would still be below 3% of the allowable FCC limit at all locations of Public Access uh so we would be compliant by by quite a large margin even assuming um a whole host of of worst case assumptions okay so to summarize the total maximum emissions level is far below any exposure limits by the federal or state regulations that's correct okay um I have nothing further of this witness are there any board members that would like to question Mr Peterson hearing none note for the record A3 since that was an additional submission we'll use your radio frequency image from the first I guess if you can get us a copy of that somehow or absolutely I can send it over A3 and in A4 I'll note your radio frequency uh report that you actually submitted as well I'll email it to Tiffany if that's okay and then I'll forward you can for it over to great we'll do that A4 for the record okay great just collectively as you look at that the the realization of these improvements through the antennas I imagine some of this new technology is a little more condensed so the overall image and what we're looking at by a site is there any additional impact to the area in your opinion as far as from a visual stand no everything is is going to remain screened um so the the addition equipment still will not be visible from any vantage point no change to that with the application here tonight that's right thank you and I have my planner here who will confirm that as well are there any members of the public that would like to question the testimony Mr Peterson has given hearing none counselor thank you very much my last witness Brian sadell of sadel planning and design ask the witnesses swear or affirm that the testimony you provide this evening is the truth and the whole truth yes and for the record just State and spell your name with your business affiliation sure for the record name is Brian sidel b r i a n last name is sidel s d l I'm a New Jersey Professional planner thank you would you please provide the board with the benefit of your qualifications and experience for the record sure I have a Bachelor of Science and Landscape architecture from Temple University I'm a New Jersey Professional planner American Institute of certified planners and been working in the field of planning since 1997 T Bo will accept Mr sidell's credentials thank you great thank you very much uh briefly quick overview of of the project uh the site is located in the NC neighborhood core zoning District uh it's generally opposite the Union High School football stadium and education center uh testimony that you heard earlier was that we were removing nine antenna and adding 15 to the site I do think it's important to point out I believe the original approval was for N9 antenna there was another application that was submitted for the addition of three antenna that were never installed so we we are doing exactly what the engineer said we are taking down nine adding 15 uh but there's really three that are being added from a previous application here um the previous or the existing in installation that's on the property uh was approved uh originally as a use variance application and the second application for adjustments to that were approved as a D2 use variance for an expansion to an existing non-conforming use uh so that's what we're here for this evening as well uh requesting variance approval of a D2 variance for the expansion of an existing non-conforming use uh the Wireless Communications facilities regulations of the township um basically indicate towers and antennas are permitted in the CI commercial industrial zoning District I think it's important to point out in the previous resolutions for this property it was acknowledged uh that the CI district is well beyond the area of coverage for this site and therefore the original use variance was warranted uh because there were no zoning districts that were in close proximity to be able to provide the service to this area um um generally aside from the zoning District designation there are Provisions in the code that uh allow and encourage the collocation of antenna on buildings and existing structures so I do believe it's generally consistent with the zoning regulations as part of any use variants as I'm sure the board is familiar needs to be shown the positive and negative criteria for that application uh in this situation for the positive criteria of the site is particularly suited for the use it's currently approved for the building it contains the RF screening U for the antenna on the roof of the building uh the it's been previously approved for Wireless Communications and it satisfies the radio frequency coverage needs uh it also will advance the purpose of zoning and enhance the general welfare the courts have determined carrying out the terms of license for wireless carriers their FCC license has been determined to satisfy that positive criteria additionally uh I believe the application will specifically Advanced purposes of zoning regarding purposes a by guiding the appropriate use of land G by providing space and appropriate locations for a variety of uses I by providing desirable visual environment with quality design especially with the transparent screening and the shielding of the antenna and end by reducing the cost of development encouraging efficient use of land uh regarding negative criteria no real detriment to the public good or the zoning ordinance we're basically here for an application uh to approve the installation uh for something that's never going to be seen by the general public uh the antenna is screened currently by the RF screening shields on the building and no changes are going to be made that are going to extend the height of the antenna or change that visibility today uh it's a generally passive use no dust odors noise vibration heat or glare uh facility will be built to Industry standards which will be verified through the course of construction permit applications uh reviewed by the township and believe the utilizing the existing building with the RF transparent screening to Shield that antenna is the least intrusive means of providing a service to this area and improving the coverage uh no detriment to the zoning plan or zoning ordinance again regul ations do encourage use of existing Towers um and it's consistent with the approvals granted through the previous resolutions for this building and for this application um briefly it's also consistent with the state and federal reg legislation as the attorney referenced earlier consistent with the federal legislation of section 649 uh to encourage uh fast deployment of these type of facilities also consistent with New Jersey legislations uh that wave site plan approval for such installations provided they are not substantially altering or changing um parameters of this facility and in this situation we are not substantially changing that so I do believe the application is consistent with the intent of the zoning district and the previous resolutions it satisfies the applicants coverage needs and will provide improved capacity to the network as you heard from the radio frequency engineer variance can be granted without detriment to the public good not impair the zoning plan zoning ordinance I believe the criteria uh are met and the variance granting of the variance is warranted thank you very much I have nothing further of this witness are there any board members that would like to question the testimony that Mr Sidell has provided are there any board members that would like to comment on this application are there any members of the public that would like to question the testimony Mr zidel has provided hearing none are there any members of the public that would like to comment on this application hearing none counselor would you like to present a summation um absolutely and I'll be brief uh M Mr chair I want to thank the board for their time um in hearing this application you heard testimony from several experts from the engineer RF engineer and a planner as shown through the testimony were requesting approval of an additional three antennas for a total of 15 which will be shielded by the antenna screen that's been testified to um you heard a testimony from our engineer regarding the site plan and overall design you heard testimony from RF confirming the need for the site and that we are um well within compliance with FTC guidelines and you've also heard testimony from our planner regarding the positive benefits of um this proposed installation with respect to this facility we submit there are no detriments no traffic no no noise no no um vibration glare smoke or odors or anything it's a pretty um dormant use um finally we're going to submit that the applicant has met the statutory criteria for the grant of site plan approval use variants and um weighing the evidence presented in support of the application and based on the proofs presented to the board we respectfully request approval of the application as that the board Grant approval for same as testified to throughout this hearing thank you very much thank you counselor at this time uh we can conference this Mr Wy would you like to begin this eveny Mr I think this here is suited soci is suited for this hair use it's a good application I think the positives outweigh the negatives see negatives um no negative impact with detriment to the public and um it's improving the coverage which is good thing so I'm going to vote Yes Miss rickets I'd like to Second what Mr Wy said in reference to this application it is a good application um I do like that consideration was taken into effect in reference to the health and that there is a moderate increase but I do like the fact that you know you took that into consideration so I will vote Yes Mr mcneel I would agree with with my colleagues uh in addition I would like to um acknowledge the professional that presented um defended this application did a great job um and I too see no negative impact bying this application I on Mr Ben vegna thank you Mr chairman based on the testimony tonight the three new in tenners will improve the server coverage which is a positive it meets all the FCC regulations so I'll be voting yes tonight Mr Johnson in a concurrence with my colleagues I will also be voting yes Mr chairman and Miss Martins thank you Mr chairman this is a clean very straightforward application and the experts did a wonderful job tonight so I will be voting yes as well as for myself I too believe this is a good clean application the installation of the new antennas and the uh remote radio units will not have a negative impact on the property or the neighboring property owners and it will increase the capacity of the system so I too will vote Yes for this application at this time can I have a motion in a second to Grant the application Mr chairman I move that the board Grant the variant applicable to this application that council is directed to prepare a resolution consistent with the board's decision second motion roll call Mr Wy yes M Martins yes bet Vega yes Johnson yes Mr mcneel yes M rickets yes Mr champy yes thank you very much have a wonderful evening everybody can I have a motion next meeting we Mr chairman there being no further business coming before the board this evening I move we adjourn second all in favor I opposed so moved