January 2, 2013

witness in radio frequency. Mr. Jones asked Mr. Shidfar if the proposed antennas met all industry requirements; additionally, he asked if moving the 35 ft antenna to a greater height would affect the point-to-point transmission. Mr. Shidfar said the proposed antennas did meet industry standards and that moving the antenna would not create a problem regarding the point-to-point transmission. In response to a questions regarding antenna placement and structure capacity posed by Mr. Grygiel and Councilwoman McCartney, Mr. Shidfar said that although too many antennas could create interference, the proposed antennas, even with the new elevation,would stil! work well. Mr. Jones introduced James A. Miller, PP, JA Miller Planning Consultants, LLC. Mr. Miller presented his credentials; he was accepted by the Board to be an expert witness in planning. Mr. Miller testified that the proposed cabinet necessitated a “C2” variance because it would be within the side yard setback of ten feet, it was proposed to be at a distance of approximately six feet. He said the variance should be granted because the proposal advanced two purposes of zoning, MLUL Section 2(a) by encouraging the appropriate use of land in a manner which would promote the public welfare; and 2(c) it would provide adequate light, air and open space. He said the plan was a better alternative to the zone plan because the cabinet needed to be located where proposed, otherwise it would impede access to the existing building. He believed the proposed location was the only place available; it would be between two existing structures and a fence, thus it would have little visual impact to the area. Mr. Miller testified that with regard to negative criteria, the proposed antennas and cabinet would serve the public’s need for telecommunications; and the equipment was passive in nature with little impact to the area. Chairman Bagoff inquired if there would be clustering of antennas. Mr. Miller responded that the existing structure was substantial; the proposed antennas were an innocuous light grey color; and that there were no other antennas at the proposed heights. Mr. Eben stated that the tower was 200 feet tall; he asked if there were aircraft lights on the tower. Mr. Miller said he did not know if lights were on the tower; Mr. Pazden advised that per FAA requirements, an aircraft light was on the tower.

all; he asked if there were aircraft lights on the tower. Mr. Miller said he did not know if lights were on the tower; Mr. Pazden advised that per FAA requirements, an aircraft light was on the tower. Mr. Eben stated that the site was industrial looking, could landscaping pretty-up the site. Chairman Bagoff opined the question was out of the realm for the witness to reply. Councilwoman McCartney said the question of landscaping the site has been addressed in the past. Mr. Weston also inquired if landscaping might enhance the site, or if adding slats to the fence might enhance the area. The Board deliberated on the Application. Chairman Bagoff stated the Board had agreed to grant the “C2” variance to the Applicant. Mr. Gurland requested that the list of conditions be written on the final construction plans. Councilwoman McCartney suggested that a letter be crafted to the building owner; and to have the Zoning Officer report on the inspection of the structure. Mr. Weston opined that it NAPLANNING. BRDWPIMINGTES20111-2.2013 Draft Minutes. doc