good evening and 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 Andor The Star Ledger the two news papers 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 manguso Mr Wy here M Martins here Mr bent Vaga here Mr Scott here Mr Johnson here Mr mcneel is absent Mr Mr Graves present Mr M rickets is absent Mr Champion here there being a quum present this meeting is now declared open Mr manguso at this time are there any Communications uh no there's no Communications Mr chairman proceeding with tonight's meeting we have one case this evening it's calendar number 3429 the new Singular Wireless PCS LLC which is AT&T location is 2322 Mars Avenue block 3915 lot 17.01 and it's for the temporary telecommunications facility counselor would you like to begin and introduce yourself good evening Mr chairman and members of the board my name is Aaron borck I'm an attorney with Philips liel in Buffalo New York I represent the applicant new Singular Wireless PCS LLC or AT&T uh tonight we have before you an application for variances from setback and separation distances required by the Land Development ordinance and for minor site plan approval for the installation and operation of a temporary Wireless telecommunications facility at 2322 Morris AB in Union New Jersey just by way of quick background the proposed temporary facility is designed to replace an existing AT&T Wireless telecommunications fac facility that's currently located on the rooftop of a building located at 2401 Morris Avenue but that building is scheduled for demolition at the end of this month the first variance request is because the proposed temporary facilities monopole base is approximately 52 ft from the northwest side lot and ordinance section 170-20 for a18 would typically require 90 ft or 100% of the height of the tower um the second and third variance requests are due to the fact that the proposed temporary facil monopole base is closer to two residential zones um and it's that would be less than the minimum 750t separation distance to residential zones that is typically required by ordinance section 170-20 4 a19 otherwise this proposed facility complies with the ordinances applicable setback height and other regulations which is more fully set forth in uh the cover letter and the compliance analysis provided in my correspondence so I do have two witnesses this evening both of whom have been retained by AT&T to assist with the development of this project the first is Martin McGee uh he is a site acquisition specialist with Aerosmith he'll testify to matters related to site background and the facility's physical dimensions lease status land order consense and the timing for construction the second is Daniel panesso a radio frequency engineer with with frequence he is our expert witness and he will describe AT&T's network needs and um the RF justification for this prop excuse me this proposed temporary facility as a critical need for the area that it serves so I would at this time like to Mark the exhibits that I submitted yes I uh I marked Council A1 the application as it was submitted I marked A2 the site plan which is comprised of 15 sheet so collectively that'll be A2 and I marked A3 the submission that you your office sent which included the particulars about the uh site I know there was different exhibits attached to that so we'll refer to that collectively as A3 for the record and from there we can Mark uh accordingly if there's additional exhibits okay thank you so at this time I'd like to call Mr McGee as the first witness I will swear in uh the witness if you can raise your right hand and swear or affirm that the testimony you're going to provide this evening is the truth and the hold truth yes for the record State and spell your name with your business affiliation certainly thank you it's my name is Martin McGee Marty McGee I work for hour Smith Development the address is 318 West Avenue Saratoga Springs New York 12866 just spell it was McGee MCG MC gou e you got it and Martin was the first name correct okay thank you just note for the record to the colar report is been circulated it's dated February 6th uh 2024 uh there is a reference in there for the board's benefit I know you got it as part of your packets it references a d variance a d variance is not required here it is a C1 zone so just so everybody is and to the extent there's any public here that may have reviewed the coler's information uh the information that they referred to originally at the start of the report was dated it is a CI zone of which the use is permitted so it's a big difference in terms terms of what the applicant is here to do tonight um they still need bulk variances only but not a deuse variance so I just want to clarify that a couple other particulars for the colleague's report we don't Mark that into the record but I referred to it and we can amend accordingly as we go between your witnesses that you have thank you all right Mr McGee can you please describe the nature of the services you uh Supply a before we begin counselor could you just tell us a little about your credentials uh well first I wouldn't I'm not not being I'm not here as an expert witness rather as a providing testimony but yes I've been uh performing site acquisition services for the last 22 years okay thank you Mr McGee certainly uh so Mr McGee with that can you just describe generally what you do for at& certainly yes uh generally speaking I would get a a search area for which I would need to fill a a coverage need you think of it as a circle on a map if you will search ring and I would need to some find find something that works that provides the coverage that AT&T is lacking at that time typically it' have to be in the search ring uh the closer to the center the better and it would need to be a certain height in order to achieve the coverage objective and what about specific to the proposed site that we're here for today well generally what I'll do is I'll find a site one that works you know um and I'll take it through the leasing uh portion of it and the zoning portion of it and could speak towards this one directly if you like yeah go ahead sure I found this site um I looked at several different sites starting North on Mars Avenue and going heading south on the east side of Mars Avenue 24 uh 2444 Mars Avenue it's a about a three-story building generally you know it helps for us to have something on a rooftop it's a lot easier to build especially if there's antenna's already on it uh it just makes it an easier process so we looked at 2444 we actually had a design visit with myself several Engineers subsequently we found that it would not work for us and Dan pesso can speak towards the exact reasons why generally would not achieve the objective that we have which is to cover Mars Avenue and more importantly cover the high school it's very important to at& to have coverage for the high school we've had it for about 21 years we want to maintain that um after 2444 heading south down we went to 2424 same thing same problem didn't get to the high school from there we went to 2414 we looked at that same thing would not reach the high school 2400 again same same problem would not reach it also with some of these rooftops there was already carriers on them so we couldn't we didn't have the room on the rooftop to get our asmet our directional antennas because they would have been blocked by the carrier that's already there finally we looked at 2386 Morris Avenue it was just too low and it runs into the same problem is you can't get across the street into the high school below those are the properties that we looked at and 2322 what made that an attractive place for us to put our antennas one we had a willing landlord uh two it was zoned uh commercial industrial which is what we're looking for um we had a willing landlord we had a a great amount of space so we had the room the room obviously you have to have the space for it uh more than ample room it's a very sizable lot and uh that's mainly the reason that we chose that that uh parcel that property it helps us achieve our objective uh could you describe who owns the site yes uh Brian joer of Jer Lumber I'm sure he's been around here for many many years he's the owner and uh he's been a pleasure to deal with and how is it being used right now strictly lumber yard you know they have the I'm sure you're familiar they have the I guess you would call it the real ta retail part in the front and then behind that you have the lumber yard itself you have a gate locked gate which heads back to the lumber yard and then you'll you would have our proposed site I would say about a football's length from the street from Mars Avenue back to where the proposed location is and if you went from mors Avenue it would be straight back to the right about halfway pack we couldn't go any further back the further back you'd go the Toller you'd have to be to reach the high school so this is a mid point plus if we went further back it gets wet back there so that would be another issue that we uh we tried to avoid um is this site surrounded by other commercial uses it is yes it's uh it's surrounded by commercial property to the North Commercial properties to the South one of them which jger Brian jger actually owns um but it's there's a line of commercial properties right along there so on both sides you have commercial properties and then can you just describe generally how this pole will look sure um yeah yeah if you can yeah no no no problem um it's going to be a very Bland monopole U it's aemp ballast Mount pole as far as the pole itself if you think of it as a plate which is welded to a a piece of Steel with an open flange that plate is uh is is anchored down by concrete blocks holding it in place and then the Assembly of the is actually you'd bring in a truck and it would just pop on the other pieces to get to the height that we're looking at which is 90 ft with an 80 foot 85t red which is our antennas will be at 85 ft which will allow us of course to serice Mars Avenue but more importantly to reach the high school uh now is there any equipment associated with the proposed temp facility that has the potential to create noise no um there would be if we had a generator but we don't have a generator we're getting our power through a PSG we've already coordinated that so there would be no gener generator that would be where the noise would come from there'll be no refueling of a generator because there will be no generator if you had to compare the noise I guess you could compare it to maybe a noise that you would maybe hear if you were underneath a transmission tower or something like that a very low Buzz um really you'd have to actually try and hear it to hear it um now in terms of timing this is an urgent project it is yes I'm sorry well what is the length of time to construct this this proposed site the length of time it's it's a very simple process because it's not impervious we're not going into the ground like I said it's just a plate with a piece of Steel and you'd pop in the other pieces so you're looking at about a week maybe two weeks at the tops first week just bringing in the gravel smoothing out the surface then you'll bring in the actual piece of of of Steel we have to deliver it by crane so that portion of it usually takes about one to two days three days at the most we don't like to rent the crane as for any longer than we have to it's very expensive so you're looking at one or two days plus another week for the gravel probably about a week two week stops and then after construction um how often will that proposed will the proposed facility be visited for either maintenance repairs regular operations absolutely um you could count on somebody showing up once it's built uh probably once a month for maybe 15 20 minutes just to take a look make sure everything's operating uh correctly also these are unmanned facilities which are remotely monitored so they're monitored from a a network operations control center somewhere else and they could tell you if any alarms are going off or anything like that but uh really you won't have anybody there other than maybe once a month for 15 20 minutes and that'll be a Cell Tech from AT&T all right and then finally you reviewed the engineering report the kier's report right I did okay do you have any and we already talked about the zoning uh mistake but do you have any other comments to that report well I know that one of our our Engineers from Aris development spoke with uh Mr Hoover from kers Design Group today just to get a a better feel for what his comments meant about the protection of the site things of that nature and uh it was basically about the security of it and whether would be a problem for you know I don't know for for others to uh I don't know cause problems just to let you know we have uh an 8ft fence surrounding the uh the cell site as far as theft or anything like that you know um if that I think that was the intent of of the comments um there's really nothing to steal there's no copper which would really be the only thing of value um we we don't really have uh any instances of anybody taking our our equipment plus we have the 8ot fence in addition to that we have the actual lumber yard fence which is locked after hours we'll have a key in the event of emergency in case we need access hopefully that'll be something we'll never have to use typically anybody that would go out there would be a Monday through Friday between 8 and five kind of event once it's built it's very simple runs itself thank you Mr McGee those are all the questions I have for my witness at this time are there any board members that would like to question the testimony that Mr McGee has given yes Mr chair just one question you mentioned there are alarms on the tower uh are they these are alarms that are going to go off there or back on the remote it's a good question I appreciate it um these are alarms that you would not hear at the site these are alarms that would be I guess you could call it silent in that sense but they're remote alarms which would be sent to a network op operations control Center and they would get it on the computer and uh they would have to send out a celtech to uh deal with it but no no no loud noises from the act itself it's a good question but no thank you sure Mr McGee you you noted that the uh monopole is approximately 90 ft High what is the approximate diameter of it uh I would say it's about 3T in diam 3T in diameter but you know I'd have to check the the plans to get the specific but yesx Park is about 3 ft it tapers up too it gets thinner as you as you get to the top are there three feet at the base and and certainly a lot thinner at the top yeah probably about a foot and a half or two feet Yes 18 in yeah um are there any other board members that would like to question Mr McGee's testimony yes Mr chairman uh Mr McGee you uh mentioned that PS will be supplying the power PG yes we already coordinated with and is it going to be coming off a pole it is yeah um is this underground or the wires will be Yes actually it is the reason it's underground it's intentional uh because it's a lumber yard so you have people lifting materials forklifts whatnot so it's we prefer to be underground PSG would prefer to be underground most importantly the landlord would prefer it to be underground that's why it's underground thank you we don't want anybody clipping any you know wires which obviously be a concern any other board members hearing none are there any members of the public that would like to come forward and question the testimony that Mr McGee has provided would you would you come up here and state your name and your address and it's just the question of his testimony not a comment thank you lusio 1040 G for court from where the the fence is from the lumber yard how far any you going okay so um where the proposed Tower is in relation to the to the lumber yard is is that what you're asking I'm you're familiar with the property sir yeah I'll leave it right there okay Absolut that's where the Trestle used to be the train right the Train The Trestle right that's a state property between the lumber yard and my house that's where the train used to go by right that's I'm the first house right there on the corner where the train tracks are it's the opposite side opposite side of the I'm right across I'm right across I mean I can see the lumber yard for my house right they come in there and do some work all the time back and forth make a noise digging with a big crane so I don't know what your thing is going going to be it's not going to be no noise no alarm there'll be no digging uh first off we there will be no digging other than the trenching for the PG um power lines there would be no digging at all it lays on top of the surface it's weighted down by concrete blocks so there would be no digging so this going to be three feet wide and not high the the the tower thir uh 3 feet wide at the base and then it tapers up and at the top it would be about 18 in in diameter and then go be no issue with the with the people that live around there that you building this thing there not sure I can answer that question one at a time you can't let people speak from the audience you'll have your chance ma'am I'm sorry if you could just ask the question again I apologize I'm saying with the future by you building this Tower there what the consequences to the people that live around that area consequences in terms of as far as noise or alarm or people coming to work yes I can speak towards both those those uh those items as far as noise you will not hear it you'd have to be right on top of it to hear it and you'd have to listen closely it does about 20 ft away I don't think you hear it 20 ft away honestly from where the lumber yard is from that wall my house is right here right excuse me sir if your house and I'm looking at the map right your house is the first one gford Court this antenna will be 371 ft from your house from your property line so it's not 20 ft it's 370 71 right to right next to where we're proposing it sir there's a fence line and then there's commercial properties you might be north of that I would think Guilford Court might be north of that but if you were um within 20 ft I don't think you know you have to listen matter of speaking but uh what you doing between the lines now where the state property is anything or no cuz it's all wood there you're not interested doing anything with that are you clean it up or anything because it's water that lays there in between the property between the lumber and the other one right just to to get a an idea here's the train tracks right here's the the width of the the lumber yard we're on this side you have commercial properties and I imagine Guilford court is Right beyond that I would think it's heading more that fence that separates the lumber and the state line where the train used to go by yeah that's on the other side we're actually on the other side more close to Morris Avenue correct yeah we're we're north of the train tracks train tracks would be farthest actually from the train tracks where we're located on the parcel the farthest the opposite side of the train tracks farther away from that so if you're on the train track side we'd be even farther away from your house this is just a question for the board I always complain as a matter of fact you anybody can go there tomorrow and look at the water that lays there and it's unhealthy and I called all the time I call the town I call the state especially in the summer this nothing to do with you it's with them especially in the summer with that water laying there the mosquito my tenants they want to move out because they can't even walk outside and I keep calling they come one time they do a fog or they do a spray you don't see them no more so this a question for all you people on a board that nobody does anything I call they say that's a state line state property and there they have to go I can't go against the state the town's supposed to do that and it's the same thing with the other property is that they just build a building there with the pain company with Mars Avenue you know what I'm talking about right right all the way in the back where all the woods are they build a they clean up their area they put a fence there but behind that fence where all the woods are they don't do nothing for and the water lays there you can go there tomorrow and see all the water that lays there so you guys should do something about that sir my only suggestion sir my only suggestion was would be that you should attend maybe ATT Township committee meeting and voice your concern manytimes I call the city uh the inspector comes in and look they don't do nothing they just send the the guy to do the F they do the F work for that one week but after that one week I mean I I I'm going to call the health department I call the health department and they gave me another phone number to call this got nothing to do with you this I'm just bringing an issue the problem that we have in that area but now they want to build another something else there now if I could just speak towards uh the fact that about traffic there's you're not going to see any increased traffic it's an UNM facility once it's built which should take a week and a half maybe two weeks you're not going to see anybody for months uh maybe once a month for 15 minutes so you're not going to see an increase increased traffic or trucks driving by as a result the trucks we use are are just a regular SUV well I he which is a different thing yeah certainly were diing there then they're there a week two days they always doing something I don't know what but they're doing noise I appreciate that and we won't be doing any digging other than the trenching for the utility lines that's it this sits on top of the ground there'll be no digging in the ground that was my concern that I have was of the problem that I have every day maybe somebody on theard and take it up take it from there go take a look see what's there all right thank you thank you ma'am you have a question for Mr McGee would you come forward and state your name and address my name is and I live in the area 1024 Court microphone please my name is Daran and I live in the area for 2000 and I'm not never against the businesses I'm sorry for my English but you know I try to do my best um and the more business we build in Union the more higher the property tax goes that's the question if we going to build more business I hope it's going to be steady even for a few years yeah okay good luck to you the question is if this Tower is going to be dangerous for the to the health for people because well it's it's a common question that we receive and uh this gentleman right here Dan pesso will will speak towards that so he can answer those questions okay perhaps okay thank you because it's like really I see too many um building T building with all this antenna that's why sometime you okay Avenue they're already exist my don't they're just obligated to give the the notice to the property owners not not the tenants of the buildings I of today Sirah you can't have a communication from the from the uh public you know I'm I'm explaining the situation the the applicant sends notices to the property owners okay I spoke with five homeowners today all they're obligated to do when they showed proof of is that they mailed certified mail to those owners they may never open it or see it that's up to them of course they said they never received it that that could very well be but the has filled their obligation to mail it a lot of people don't get their certified mail as to the health issue that issue is preempted by federal law so the town can't do anything this board certainly can't do anything about concerns about health because these are vetted by the federal government the telecommunications companies all of them AT&T Verizon whoever it is to help what everybody wants is the self- service you know that's you got to do it somehow this board cannot use that and I'm sure the witness will address it the other witness I think you have one more witness tonight so we'll hear some testimony on that but I can tell you as the lawyer for the board that that area is preempted by federal law and we have guidelines with you know mandated by the FCC which we have to work within right would have to be adhered to right absolutely here because they they haven't receive no letters from what I heard everybody like ma'am you could ask your question after the next witness's testimony are there any other members of the public that would like to come forward hearing none thank you Mr McGee counselor your next witness yeah and I just want to say thank you for getting us on the board so quickly we greatly appreciate it thank you all right I'm calling Daniel panesso radio frequency Engineer Expert good evening everyone can I ask you to swear or affirm that the testimony you provide this evening is the truth and the whole truth yes if for the record you can State and spell your name first name Daniel last name panesso p n SSO address is 9916 Route 9W cell Kirk New York 12158 thank you I'll give you my education professional background so why don't you give us a little bit about your background so I have a Bachelor of Science in electronic engineering I have been a radio frequency engineer for over 25 years I am here tonight to State the need for the site I have testified throughout the state of New Jersey and New York hundreds of times in similar applications such as this with regards to implementation of wireless network the board will accept Mr pesso's credentials thank you thank you okay so Mr panesso why don't you describe the nature of the services you provided to AT&T in connection to this project yes so uh the the this site in particular I'm a radio frequency engineer and this site uh my services were to provide the rfad David which stated why we're here what the site would cover um I also provided RF exhibits which depict what the existing network is comprised of with existing onair sites the existing onair sites neighboring to the the site as well as the proposed location and the coverage that that would provide and a composite of that once this proposed site that were here before the board if it were integrated into the network what that would provide and I can refer to the exhibits um because they're on this desktop so that the board if the board would like to see that I'll open these up so so let's take it one step at a time okay so let's not do those Maps just yet all right um by way of background can you tell me in the application material submitted to the board AT&T is described as a public utility for zoning purposes can you explain what that means yes so AT&T is a public utility meaning that it's licensed by the FCC to provide wireless coverage throughout a specific geographic area that it's licensed to operate in and is it licensed in this town and it is licensed in Union okay yes um and what's first net first net is the first uh responders Network which was which is being implemented throughout the whole United States AT&T was awarded Spectrum within the 700 mahz frequency ban to Implement a First Responders network whereby if there were ever an emergency it would be dedicated to First Responders normally what happens is a network is if there's an emergency a network is is is overburdened by all the calls that are coming in or all the usage whether it be data or what whatever the whatever the reasons are that people would use the phones for the First Responders network if there were an emergency is dedicated just to First Responders so that spectrum is allocated to them only not to the public use so that's a a very important thing if there is ever an emergency because like I said if a network is overburdened calls won't go through you wouldn't be able to communicate um and this is being implemented Nationwide not only here is this temporary facility part of the first yes this yes this temporary facility is part of it as well as all of the existing onair sites that this site is handing off to are working in conjunction with all sites that are on air are being implemented as well as new site facilities and then I know you're going to show us maps of the coverage but currently I want to talk about the existing onair site at 2401 Morris AV could you just generally describe what that site is and the coverage that it provides yes and would that would the maps help you do that yes I'll do that with let's do that so the the site that we're currently on is a it's a rooftop site we are our antennas are mount on the roof and it is providing coverage to the area let me see how do I do this here three is that part of the exhibit that we marked A3 that you're off yes I'm trying to see how to work the and they can follow right so we're at A3 and this would be these prop Maps as they're called I believe these are the propagation Maps exhibit three to the affidavit exhibit three to the affidavit correct and and let's see if I can see oh my God it's hard for me I'm going to look at the screen because I can't even with the class I can't see so if you what you're looking at right now is a map number one labeled on the lower left this is AT&T's existing onair coverage the site which is labeled nwl 0395 that's the existing rooftop all the other purple dots that you see on the map are existing onair sites within AT&T's network and this is a composite coverage of all of the sites on air working together the blue represents in building coverage and the green represents reliable in vehicle coverage so what we're trying to do is this site nwl 0395 is going to be removed from the network so we need to replace that site because without that site we're going to have a coverage Gap so the purpose of us here tonight is to once that site is removed we place that coverage so this yellow star that you see which is labeled nwl 03908 that's the proposed location of the temporary cell site and I'll go to another so just to give you an idea of what we're trying to do and I'll go to the next exhibit the next page of that exhibit yeah so if you go to the next page page is map number two and this is the neighboring coverage that would be provided from the existing on air sites without the site that's currently on air so now you can see that the coverage is we have gaps in coverage right where you see the word Union Wherever You See white it's in inadequate coverage for in vehicle or in building so we want to provide as we stated we want to have blue coverage so to provide INB building coverage to the area as best we can especially to the high school and to the neighboring residences and nearby businesses that are in the area so I'll go to the next map map number three depicts the proposed composite coverage if the site were approved and integrated into atn's AT&T's network you now can see that the site fulfills the coverage objective to bring the coverage back to what it was when the building the to the coverage that we have on the building currently okay so that means that this temporary site will close what you've been describing as a gap when the permanent site gets demolished correct when that's decommissioned this site will alleviate that decommissioned site okay um we heard about concerns about the health and safety of this new site correct I can direct you to it's exhibit B of exhibit A3 the fccf Conformity assessment yes okay can you generally describe what that assess did you prepare that assessment yes I prepared the assessment and what that is is it's um a calculation of all the frequency bands that AT&T is going to be operating at the site the maximum power that that that each frequency band will be utilizing and this is a calculation of the power from the site and what that level is at a for the antenna Center Line height is at 85 ft and being at 85 ft what that um maximum permissible exposure limit is at a 6 and 1/2t height at the ground level out around the site and the maximum for this site is 5.33 74% and we are allowed by the FCC guidelines to go up to 100% so this site is far far below the threshold for maximum permissible exposure limits for the general public and the general population and that is for any age any um sex or any um group of people 24/7 in operation uh the site is well well in compliance with the FCC guidelines uh could AT&T close this Gap with a lower Tower no this is the minimum height that we need to provide the coverage the level of coverage that we had um I can refer to to go back to Marty's testimony to make it more clear the buildings that We examined along Morris Avenue they're too low and the reason why they even though they're similar in height of what we have currently the current building that we're on now has no line of sight of obstructions as we go to the north because we have the ball field and the school the buildings on the other side of Morris have the obstructions there's trees as well as the building that we're on currently even though it's being demolished it's going to be rebuilt so if we have antennas that are on a building that is at the same height the antenna um prop the radio waves would hit an obstruction and they wouldn't be able to uh propagate out to reach the subscribers that we need to reach so these types of networks need to have line of sight to be able to reach a subscriber the antennas cannot be blocked by a a an obstruction whether it be a building or trees or other types of clutter we have to be able to go above that obstruction so that the radio waves can propagate and reach the subscriber and in your reference to subscriber does that include Union High School it does include Union High School yes okay um so is it your opinion that this proposed temporary facility will remedy the potential service Gap that would occur in around the town and allow AT&T to fulfill its FCC mandated coverage objectives and first net obligations yes they would okay all right those are all the questions I have for this Witness are there any board members that would like to question the testimony Mr panesso has given hearing none are there any members of the public that would like to question the testimony Mr pzo has given are there any board members that would like to comment on the application can I just ask the I want to be clear on it's labeled throughout as a temporary accommodation obviously the board can't Grant a temporary variance but is there any testimony about what the expectation is for the use of this poll at this site is it going to be once the other site becomes available again they're going to return to that is that the plan just so we can be clear on that aspect number one and then number two is there going to be be limitations just to AT&T here this isn't a collocation issue other people are going to be looking to use this antenna as well I mean those two areas I think are important in the context of the pulk variances that we're here for tonight so if I could recall Mr McGee I think he could be best answer those questions yeah if they're done with the engineer I those were just two things I wanted to be clear on in the resolution so as long as no one else has any questions of that witness that okay thank you thank you uh yeah I can take the second part first uh as far as collators no there will be no collators on this poll it'll just be for AT&T and the first part I'm sorry if you could just repeat that I think the question was what's the plan for the temporary fac It's All Temporary throughout I mean the board legally as as their lawyer I could advise him there's no such thing as a temporary variance we have to hit the criteria to justify the site to be developed the way you're proposing and I get it and your proofs went into that regard I just want to be clear if there is testimony about what what is meant by temporary is it 6 months and the once the other site gets built are you going back there and then this comes down I mean just going to hold you to it but I just I didn't hear any testimony about that I could speak towards that Our intention is to come back with a new application in Earnest for a permanent poll at the same location which of course would be a whole new application um the temporary nature the reason we're here and we appreciate you getting us on the agenda so quickly is because we're in a position where the existing site with the existing coverage is coming down imminently right and we don't want to lose our coverage in the area that's really that's what I wasn't clear on so the return will be somewhere it be at this site or that other site if that it would be at the same property that's our intention it'll be uh in the in the near future that we would come back with a new application for a permanent site okay yeah so that is Our intention yes Mr McGee what's the difference between the temporary site and a permanent site the monopole will still be up right sure no it's it's a good question uh temporary is we're not penetrating the ground so it's temporary in the sense that we will be coming back to put in a permanent which would go in the ground it would be an anchor cage right that's considered permit yes you'd have to dig into cage concrete correct yes you'd have to bore into the ground that's really the difference between the temporary and the permanent okay it's not our intention to keep this here permanently that's also why it's called temporary okay well here no comments from the uh thank board members sure are there any ma'am would you like to question you had stepped out for a short period would you like to question the testimony that Mr pesso has given you had a question before that we believe he could answer I'm just asking about the health if this would be dangerous for the now he spoke to that man maybe when you left the room the the health aspects are preempted by by federal law they're obligated to fulfill those standards he's offer testimony that confirms that they are Inc not only are they in compliance with Federal standards they far exceed what federal standards allow I think that that was the testimony as I heard it and the witness can expand on that I'm not no I understand your concerns are legitimate I'm not that's I'm trying to explain I can also add which I which would maybe help her to understand the emissions are not ionizing so nonionizing means that there's not enough power to change an electron in a Cell so this is why they're it it it doesn't it there is no evidence since it's not able to change a cellular structure divide you know mo remove an electron from a cell it doesn't Cho cause cancer and they're very low power as I stated this is only 5.33 74% and we can go up to 100 on some cell sites we have many many carriers AT&T Verizon T-Mobile even all of them on one pole still it would be below because it's so high up in the air and away from the public that it cannot affect the public in a harmful way that that that's that's the summation of it yes yes this interfere now you got to come up Gary to the podium they can't ask questions from s with this Tower inter St Pusha would this Tower interfere with what we have now the service that we have now with AT&T or Verizon or no no this to your question is this is for AT&T only we don't operate within other carriers networks Verizon or T-Mobile AT&T currently has a site at the building that we mentioned at 24 on Morris Avenue that building is coming down so this is why we're here because we need to keep the same level of coverage that we currently have to the area so this will if this site is approved by the board we're not going to have a A disruption in coverage so we will not be a fact you will not be affected by coverage the service that we have now exactly the site that's on air will be decommissioned and the new site will be cut into the network seamlessly you won't have a disruption in coverage if the board approves this application okay thank you thank you any other questions from the public the site as it were is marked the site plan that I marked A2 the 15 pages I know we didn't authenticate that but we can represent for the record that that is detailing where this structure is proposed and and that we're going to bind that as part of the record correct correct okay I don't think the public really understood the location of it on the site itself I think there was some confusion as to to that your your representative explained that but just so the public knows there's a whole site plan that goes with the application that's on record that the board has seen and reviewed the zoning officer was here he's seen and reviewed it as well as the township engineer so they're they're held to those standards and I marked it as part of the record about the location of where this temporary structure is going to be going are there any comments from the public on this application hearing none counselor would you like to sum up very quickly AT&T respectfully requests that the zba grant the requested setback and separation distance variances and issue minor site plan approval to allow the construction operation of this important temporary facility to maintain crucial AT&T coverage and Public Safety benefits of first net in the town while a permanent replacement site can be developed thank you very much for your time thank thank you at this time we're going to conference this uh Mr Ben Ofna would you like to begin sure Mr chairman uh when this application came across you know this board was concerned about the public and the neighboring residents my concern was three things noise health and safety noise was explained by Mr McGee uh no generator being powered by uh psng underground Health Mr panesso just said it's no Health to the to the area um and safety it's fenced in those three things were Justified we also have to understand this is a permitted use uh with that being said I think this application is good and I'll vote Yes Mr Johnson yes I agree with my my um partner over here and since it's said pered use I will also vote Yes Miss Martins thank you Mr chairman after hearing the testimony that was provided today I did have um some concerns prior but I uh think all my concerns were answered uh and I'm will be voting yes as well Mr Wy uh yes Mr chairman I agree to my colleagues and I'm going to vote Yes for this application I think it's a good application Miss Scott yes good evening I thought the applicants did an excellent job explaining the application it's a necessary application and I will also be voting yes Mr Graves I see this as a strong application with no disruption to the quality of life I will yes as for myself uh based on the testimony provided this evening the property is well suited for the proposed use which will benefit our community so I too will vote Yes at this time can I have a motion to Grant the application Mr chairman I move that the board Grant the variances applicable to this application and that council is directed to prepare a resolution consistent with the board's decision second second second roll call Mr Wy yes M Martins yes Ben Vaga yes Scott yes Mr Johnson yes Mr Graves yes Mr champy yes February 21st a regular meeting night of the board will have a proposed resolution of approval I'll send you a draft report at this time can I have a motion and a second to adjourn Mr chair Mr chairman there be no further business coming before the board I move that we adjourn all in favor I opposed so moved