Minutes: December 9, 2020

Call to Order

Meeting was called to order by Chairman Theobald at 7:00p.m. Meeting held via Zoom Webinar.

Statement of Compliance

Pursuant to the Open Public Meetings Act, adequate notice of this regular meeting has been provided to the public and the press on January 13, 2020 by delivering to the press such notice and posting same at the municipal building.

Salute to the Flag

Chairman Theobald led the assemblage of the flag.

Record reflects that Ms. Wexler. Mr. Auberger are not able to hear use application. Mr. Spoerl notified the board of his absence.

Public Hearings

LU# 10-18-7: Diamond Communication LLC and T-Mobile Northeast LLC - Black 378, Lot 17, - Preliminary and Final Site Plan Along with Use, Height and Bulk Variances to Construct a 160' Lattice Tower with Twelve (12) Antennas Placed at the Top of the Tower and Related Equipment at the Base of the Tower

Applicant has a stenographer present and transcription will become official record for file and minutes and should be provided to land use board secretary.

Ms. Judith Fairweather, attorney for applicant came forward and stated witnesses for application will include radio frequency engineer, Francis Boschulte, architect Frank Colasurdo and planner Paul Ricci.

Board engineer Stoner stated applicant requested specific items to be waived which include topography for entire site; location of nearby wells and septics; stormwater management plan; title of plans and to provide cost estimate of site improvements.

Board members voted to approve waivers for completeness.

ROLL CALL: WILLIAMS: Y; MCPEEK: Y: COCULA: Y; WHITAKER: Y; RAPERTO: Y; MITCHELL: Y; THEOBALD: Y.
Motion passed.

Ms. Frances Boschulte, radio frequency expert was sworn in and explained after review of existing area coverage noted there is a gap in coverage in Mountain Creek area as well as nearby residential areas which will be improved with proposed construction. Ms. Boschulte presented three exhibits which identified T-Mobile existing sites, existing coverage and propagation map showing how minimum height of 160 feet was determined. Board expert Dr. Bruce Eisenstein noted that testimony is a mixed exhibit and records were incomplete and inaccurate. Ms. Boschulte explained a formula was used to convert RSSI to RSRP calculations as well as drive test which determined that 160 ft is needed to provide coverage as well as have capacity for two others to co-locate at 140 ft and 150 ft.

Board member Mele questioned if it would be advantageous for height to be even higher. Ms. Boschulte explained there is little difference in coverage with a 180 ft or 200 ft tower. Dr. Eisenstein stated there are three carriers in Vernon: T-Mobile, Verizon and AT & T, and proposed application allows enough room to co-locate based on testimony. He added he is satisfied with maps as presented.

Mr. Frank Colasurdo, architect was sworn in and explained existing site conditions of 13 Vanderhoof Court and proposed 160 ft lattice tower, 10 x 20 concrete pad, backup generator and equipment cabinets. He added generator noise will comply with NJDEP standards and will be tested once weekly for period of 45 minutes during daytime hours. Mr. Colasurdo stated 16 trees would be removed for construction with limited area of disturbance and area enclosed by six-foot vinyl coated chain link fencing. Site will include one gravel parking spot with motion light sensor within gated area. Mr. Stoner questioned if area is large enough for two other companies to locate their equipment cabinets on site. Mr. Colasurdo stated proposed maps show areas for future additions if needed.

Board member Williams questioned if tree removal will adversely affect residential views. Mr. Colasurdo stated the tree line is very dense and removal will not adversely affect residents.

Mr. Paul Ricci, planner for applicant was sworn in and explained a D-3 conditional use variance is requested due to existing conditions of site. Also requested is a D-1 variance for two principal uses on site. Mr. Ricci explained the application is a conditionally permitted use benefitting the public good and site is only visible in a few locations due to dense forest and topography. He added the height of the proposed tower at 160 ft. is necessary to function efficiently. As a passive use, he explained there are no detrimental effects of sewer, added population or traffic.

Board planner Caldwell questioned why applicant is not proposing stealth technology as required per township ordinance. Mr. Ricci explained that the proposed lattice tower is an open type design and aesthetic in character due to existing substation. He added that a tree pole design at 160 ft would look unnatural as the tree line is an average of 70 ft.

Board member Williams questioned if applicant would be willing to allow a municipal radio system added to antenna in future. Ms. Fairweather stated applicant would be willing to co-locate municipal services if needed.

Chairman Theobald opened the meeting to the public.

Raymond Potts, 9 Vanderhoof Court, is concerned that views of the tower will be an eyesore and negatively affect his property value.

Mr. Ricci displayed a photograph to the board taken near view from Mr. Potts property.

Attorney Fairweather summarized that T-Mobile needs to provide increased coverage and site location is in commercial zone with existing substation and requested approval for application.

Motion: A motion was made to approve LU#10-18-7 as presented by Mr. Williams and seconded by Mr. Whitaker

ROLL CALL: WILLIAMS: Y; MCPEEK: Y: COCULA: Y; WHITAKER: Y; RAPERTO: Y; MITCHELL: N; THEOBALD: Y.
Motion passed.

Public Participation

Chairman Theobald opened the meeting to the public.

Seeing no one wishing to speak, Chairman Theobald closed the meeting to the public.

Resolutions

Resolution “Establishing Standard Protocols for Remote Public Meetings Held During a Governor-Declared Emergency”

Attorney Leo stated resolution is required by the Department of Community Affairs to comply with state regulations.

Motion: A motion was made to approve Resolution by Ms. Cocula and seconded by Mr. McPeek.

ROLL CALL: WILLIAMS: Y; MCPEEK: Y: COCULA: Y; WHITAKER: Y; RAPERTO: Y; MELE: Y.
Motion passed.

Note that board member Tadrick left meeting at 7:17 p.m.

LU# 12-19-10: Martin Theobald - Block 57, Lot 5, - Minor Subdivision - Extension of Time

Eligible to vote: Spoerl, McPeek, Cocula, Whitaker, Raperto, Tadrick, Mele

Motion: A motion was made to approve Resolution LU#12-19-10 by Ms. Cocula and seconded by Mr. Mele.

ROLL CALL: MCPEEK: Y: COCULA: Y; WHITAKER: Y; RAPERTO: Y; MELE: Y.
Motion passed.

Minutes

November 12, 2020: Regular Meeting Minutes (Wexler, Spoerl, McPeek, Cocula, Whitaker, Raperto, Tadrick, Mele)

Motion: Motion was made by Mr. McPeek to approve regular minutes of November 12, 2020 and was seconded by Mr. Whitaker. All members were in favor, motion passed.

Appendix A: Escrows, Board Fees, Bond Reductions and Escrow Closures

1. Board Fees
   1. Board Attorney: Glenn Kienz, Weiner Law Group LLP
      1. Land Use Board Business - Services through 10/26/20 ($176.00)
      2. For Love of Mud - LU# 5-20-2 - Services through 10/19/20 ($160.00)
      3. Frederick Turner - LU# 8-20-5 - Services through 10/1/20 ($448.00)
      4. Farm 94, LLC - LU# 9-20-6 - Services through 10/9/20 ($48.00)
   2. Board Planner: Jessica Caldwell, J. Caldwell & Associates
      1. Land Use Board Business - Services through ($0)
   3. Board Engineer: Cory Stoner, Harold E. Pellow & Associates
      1. Land Use Board Business - Services through ($0)
      2. Frederick Turner - LU# 8-20-5 - Services through 9/18/20 ($502.40)
      3. Farm 94, LLC - Services through 9/21/20 ($455.40)
   4. Board Recording Secretary: Irene Mills ($75.00)

Motion: Motion was made by Mr. Mele to approve board fees and was seconded by Mr. Williams. All members were in favor. Motion passed.

Board secretary Decker stated that on January 13, 2021 the board’s reorganization and regular meeting will be held via ZOOM.

Adjournment

There being no further items of business to be conducted on the agenda, a motion was made by Mr. McPeek and was seconded by Mr. Williams. All members were in favor.

Meeting was adjourned at 8:43 p.m.

Respectfully Submitted
Irene Mills, Recording Secretary