February 7, 2013

showing the current and proposed view from Rooney Circle marked as Exhibit A-10 for identification. Mr. Kronk detailed the positive and negative criteria stating that the applicants are licensed FCC communication carriers who received a prior “D” Use variance in this area, based on their needs, and that they still have the same needs. He stated that this will benefit the general public and that there will be no detrimental impact to the area or visual impact to the area. Mr. Meese asked Mr. Kronk about the status of the PSE&G project. Mr. Kronk said that this is a phased project that has a two year time frame and said that PSE&G is right on schedule. Mr. Quentzel asked Mr. Kronk if this Board can expect to see any other temporary telecommunication facilities in town because of the PSE&G project; Mr. Kronk said this will be the only temporary site for T-Mobile. Chairman Neuer asked Mr. Kronk if he reviewed the memo from the Township’s Consulting Planner, Mr. Grygiel; Mr. Kronk replied yes. Chairman Neuer asked Mr. Kronk if he is in concurrence with the T-Mobile letter from Mr. Meese; Mr. Kronk replied yes. Mr. Merklinger said that Exhibit A-10 shows another tower in the photo and asked if there will be any conflict with these two towers; Mr. Kronk replied no. Mr. Merklinger asked if there will be any interference with the building that is near the proposed site because hand held communication devices are used in that building; Dan Collins approached and replied no. Mr. Steinhart asked what fiag size is being proposed; Mr. Kronk said the flag is 12’ x 18’. Mr, Steinhart asked Mr. Kronk if the flag size will have an impact on the noise because the condos are very close to the site; Mr. Kronk said the noise level rises because of the wind but that the noise from Route 280 is probably greater than the flag may produce. Ms. Gabry asked Mr, Kronk who will maintain the flag; Mr. Kronk said T-Mobile will maintain it. Mr. Merklinger asked what material the flag will be made of; Mr. Kronk said it will be a standard flag. Mr. Merklinger said the flag must be changed if it frays and said that a nylon flag would hold up better. Chairman Neuer asked Mr. Kronk how they will illuminate the flag at night; Mr. Cottrell approached and said that the light will be mounted at the bottom of the flag pole and directed upward, He also said the light will be shielded to

w they will illuminate the flag at night; Mr. Cottrell approached and said that the light will be mounted at the bottom of the flag pole and directed upward, He also said the light will be shielded to avoid conflict with motorists on Route 280 and Prospect Avenue.

Chairman Neuer stated that if the applicants decide to make this permanent they will have to come back (o this Board. He said that they have two years to see if there will be any negative impact. Chairman Neuer asked Mr. Kronk when they plan on starting; Mr. Kronk said they would like to start in ten (10) days hopefully. There were no further questions for Mr. Kronk from the Board. Chairman Neuer asked if any members of the public had any questions for Mr. Kronk; seeing none, Mr. Kronk was excused. Chairman Neuer asked the Board members if they wanted to waive the break and finish the hearing; the Board members agreed to waive the break. Chairman Neuer asked Mr. Meese to summarize. Ms. Gabry asked Mr. Meese if this flag pole was designed for just T-Mobile and AT&T; Mr. Meese replied yes. Mr. Meese stated that people come to rely on these carriers and the sooner they are back on air the better it is for public safety. He said that there will be no negative aesthetic impact and asked the Board to vote favorably. Chairman Neuer closed the public hearing and opened it for discussion by the Board. Mr. Sussman said that this is an excellent application that was well presented and he urged the Board to vote in favor. Mr. Bullock said that he has one concern. He said that only two carriers are applying tonight and that no other carriers will be able to put antennas on this flag pole. Chairman Neuer said that he will recommend only these two carriers can collocate on this tower. He said that certain conditions will be incorporated to prevent other carriers from utilizing this pole. The Chairman said that there is Federal Legislation that is in favor of collocation but because this is a temporary facility the Chairman believes this Board can prevent collocation. Chairman Neuer said that he urges the Board to approve this application subject to the following conditions: It is a temporary facility and as such no collocation of other carrier’s antennas on this flag pole; term of the variance is limited to two years; they must arrange to have the property owner record a form of deed restriction. Mr. Meese said the term should be two years from the time they have the building permit and if they need an extension then they must come back to the Board to explain why.

Chairman Neuer told Mr. Meese that they will have to record a deed or other instrument that would state that it is a temporary facility and the variance does not run with the land. The Chairman said that the deed or other instrument will expire when the pole is relocated. Mr. Meese said that he does not agree with this, He said that this is the carrier’s facility and if someone else wanted to use this facility they would have to come back to this Zoning Board. Mr. Meese said that it would be hard for the owner of the property to even agree to this. Chairman Neuer said in order to keep the Board out of litigation the instrament would have to be recorded because once the variance is granted it runs with the land. He said that this Board needs to take proactive measures to make sure that it does not. Ms. Gabry said to condition the flag being maintained and the flag pole must be white. Chairman Neuer made a motion to approve the application with said conditions; Ms. Gabry seconded the motion. The vote was as follows: Buechler: Recused Steinhart: Yes Bullock: Yes Sussman: Yes Gabry: Yes Weiss: Yes Merklinger: - Zaolino: - Quenizel: Yes Chairman Neuer Yes ADJOURNMENT The meeting was adjourned by Chairman Neuer at 9:48 pm. lal of lt" Rose DeSena Zoning Board Secretary February 21, 2013