March 12, 2012

He listed all of the witnesses that testified for the applicant, at that meeting, and what they testified about. Mr. Lavigne stated that the applicant has submitted all of the follow up items that the Board requested at the last meeting i.e. the owner’s consent letter and copies of a structural analysis report. Chairman Neuer stated that Eric Keller reviewed the structural analysis report and submitted his comments to the Board. The Chairman asked that American Tower’s engineering report marked as exhibit A-3. Chairman Neuer stated that Mr. Keller’s comments will be admissible but noted that they were not based on an actual inspection of the tower. Mr. Buechler asked Ms. Borg if 10 Marcella Avenue and 12 Marcella Avenue are separate block and lots. She replied yes. He referred to a photo in the application package and asked Ms. Borg where the third tower in the photo was. There was a brief discussion, between Mr. Buechler and Ms. Borg, about where this tower was located. Chairman Neuer stated that this tower was not part of the application. Mr. Buechler noted that there are three lots and three very large antenna towers and the Board cannot ignore the fact regarding the impact it has on the neighborhood. Chairman Neuer stated that the third tower that Mr. Buechler is referring to is probably the tower near the bowling alley on Eagle Rock Avenue. Chairman Neuer addressed Mr. Lavigne and said that he still harbors reservations about putting 2500 pounds on a tower that the applicant has not provided any inspection reports for as defined in Mr. Keller’s report. He stated that, for the record, this is a major concern of his and the applicant has provided nothing that satisfies his concerns. Chairman Neuer told Mr. Lavigne that he needs to address this issue before he closes his case. He also stated that Mr. Suppa testified at the meeting last month that he stood at the base of the tower and looked up and said “it looks good”; the Chairman said that was not good enough. James T. Kyle approached the podium and was sworn under oath. He detailed his educational background and stated that he is a licensed Planner in the State of New Jersey and the Planner for the Town of Oxford. Chairman Neuer accepted his credentials as an expert in professional planning. Mr. Kyle presented his report that was submitted with the original application package dated January 31,

Town of Oxford. Chairman Neuer accepted his credentials as an expert in professional planning. Mr. Kyle presented his report that was submitted with the original application package dated January 31, 2012. Chairman Neuer asked Mr. Kyle if he asked him to read his report, would he testify that it was accurate. Mr. Kyle replied yes. Chairman Neuer asked to have Mr. Kyle’s report marked as exhibit A-4. Mr. Kyle stated that this report was prepared before the application was amended to exclude the conditional use and height variance. He stated that the report reflects much more than is required and began by detailing the positive criteria. There was some discussion regarding the public airwaves use as being beneficial. Chairman Neuer said that Mr. Kyle’s report did not state that it was an inherently beneficial use and Mr. Kyle agreed. Mr. Kyle stated that they are taking an existing tower and placing microwave dishes on it and that the tower was essentially designed for this; specifically for microwave transmission.