May 7, 2014

planning perspective, there was little to say; the tower antenna would be upgraded, a new ground mounted antenna would be installed. There was no through traffic on the site; the proposed antennas would be located behind a gated property. She stated the FCC regulations pre-empted State and Local statutes. Council President McCartney asked if the photo simulations of the existing conditions showed all approved equipment or might there be approved equipment not yet installed. Ms. Hunscher said not to her knowledge. Regarding the statute’s description of collocation, Dr. Bagoff requested Ms. Hunscher interpret what it meant. Ms. Hunscher said that it typically antennas would be located within an approved site location. She opined that in the proposed Application, a ground antenna would fit the interpretation. Dr. Bagoff said he was concerned about the soundness of the structure; Ms. Hunscher said the recommended improvements would make the tower structurally sound. Citing MLUL {40:55D-46.2.), Mr. Dwyer clarified the issue of collocation; he said the placement of the ground antenna within the gated area of the property was permitted. Mr. Weston inquired if the Applicant had coordinated the photo simulations with World Class Wireless, LLC (“WCW”); Mr. Grygiel advised the Board that the Technical Review Subcommittee (meeting of March 13, 2014), requested WCW coordinate submittals with Sirius since both Applications were scheduled to be heard at same regular meeting. Mr. Weston asked Ms. Hunscher if it was her opinion that the replacement and installation of the new antennas would constitute any undue clustering or concentration of antennas from a visual standpoint. Ms. Hunscher opined there was no negative impact; the Application was for equipment upgrade only. Mr. Grygiel had no questions for Ms. Hunscher; however, he stated that with regard to Dr. Bagoff’s inquiry to the issue of collocation, he said that there was also a secondary section of the federal law that pre-empts the issue of collocation; he said he agreed with Mr. Jenkins citing of the federal regulation; the ground antenna was not collocation in the traditional sense; the antenna was less than two meters in diameter, zoning could not regulate its placement. The Public had no questions for Ms. Hunscher. The Public had no comments for the Board regarding the Application. Mr. Dwyer asked Mr.

two meters in diameter, zoning could not regulate its placement. The Public had no questions for Ms. Hunscher. The Public had no comments for the Board regarding the Application. Mr. Dwyer asked Mr. Jenkins to describe the relationship of Consolidated Engineering to the Applicant. Mr. Jenkins said Consolidated Engineering had been commissioned by Sirius to perform the structural analysis; they were a third party entity not owned by Sirius. Mr. Eben said he was concerned about the site conditions; he opined the tenant should demand the site owner maintain the property. Mr. Jenkins said the onus was on the structure owner and property owner. Dr. Bagoff and Council President McCartney discussed conditions of approval to include site maintenance and confirmation by the Building Department that structural improvements to the tower had been completed. Conditions: 4 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 5-7-14 Minutes Approved