Minutes · Sep 6, 2012
September 6, 2012
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Show all pagesDavid Karlebach, PP, PC, was sworn in and accepted to be an expert in planning. Mr. Karlebach advised the Board that per Township Ordinance (25-24.2(e)), the proposed antennas do not result in a large concentration of commercial antennas. Mr. Karlebach said the Application did not require a variance, which should be a consideration for the Board. Referring to Exhibit A-1 — Photo simulation showing existing conditions and proposed development, he said there were many intervening objects in the line of sight, which would obstruct the view of the proposed antennas. Mr. Karlebach said the proposed antennas included three dish antennas measuring six feet in diameter and one dish measuring three feet in diameter. The Board discussed Mr. Keller’s memo of August 30, 2012 regarding comments that no photographs had been taken from the vantage of the Eagle Ridge development. Mr. Grygiel questioned the veracity of photos of the site. There was additional discussion regarding the type of technology being used; the structural integrity of the tower; the future protocol to use in determining the soundness of the structure; and the necessity of obsolete equipment being removed from the structure. Harvey Grossman, Esq., Public Advocate, advised the Board that the only issue he had was regarding the structural inspection of the tower. He suggested the Board define what constituted a major climatic event; that perhaps the issue could be delegated to the Fire Department. There were no questions or comments from the Public. Conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it
itted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. 4. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. 5. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. 6. All notes included in the approved plans, including notes required by this Resolution, shall be NAPLANNING. BRD\WP MINUTES'201219-6-2012 Special Meeting Minutes doc
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