April 19, 2012

approve these applications. Chairman Neuer stated that there is an open question as to whether this Board has to approve this application as submitted or if the Board may impose conditions of approval. Mr. Buechler asked what the statute was and Mr. Goldberg said that it was Federal legislation, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012. Mr. Goldberg also noted the recent legislation by the State of New Jersey regarding telecommunications permitted use. There was discussion about the new Federal and State legislation regarding cell towers and what the substantial changes are. Mr. Goldberg gave a copy of the Federal statute to Chairman Neuer, The Chairman stated that there are no definitions in what he gave him and it is not a copy of the entire statute. Chairman Neuer told Mr. Goldberg that if he is going to arguc this that he will need more information. He also said that the physical dimensions are not clear. Chairman Neuer stated that he is concerned with the weight of the antennas and the physical integrity of the tower. Mr. Buechler questioned Ms. Borg regarding 12 Marcella Avenue asking if the tower obtained approvals for construction from the Township. Ms. Borg stated that she didn’t know when the tower was built. Mr. Goldberg then called Damian Ameen as a witness for the Applicant. Mr. Ameen approached the podium and was sworn under oath. Mr. Ameen stated that he owns a communications company, detailed his educational background and stated that he has been in the telecommunication business since 1982 designing mobile communication systems for many companies. He said that he is an expert in radio frequency engineering. Chairman Neuer stated that this profession does not require a license and also stated, for the record, that Mr. Ameen did not submit a report to the Board. He accepted Mr. Ameen as an expert in radio frequency engineering. Mr. Ameen described how this network will work and said that it is designed to connect data centers faster. He went on to describe the difference between radio waves and fiber optic. Mr. Ameen stated that this network will connect from the west to the Newark area. Chairman Neuer asked if this network is FCC licensed and Mr. Ameen replied yes. Mr. Goldberg asked Mr. Ameen why they chose this facility. Mr. Ameen stated that it is in line from Randolph, New Jersey, where another

sked if this network is FCC licensed and Mr. Ameen replied yes. Mr. Goldberg asked Mr. Ameen why they chose this facility. Mr. Ameen stated that it is in line from Randolph, New Jersey, where another one of their antennas is located, to Newark New Jersey. He said that this location creates the shortest distance between them. Mr. Ameen also stated that this site was chosen because the microwave cannot go through trees; it has to be above them. Mr. Goldberg asked Mr, Ameen what would happen if they could not use this location. Mr. Ameen said that they would have to redesign it or take another route.