September 22, 2011

3. ZB-11-15/GigaBeam CARRIED FROM 7/14/11 Block: 84.01; Lot: 22; Zone: B-2 “D” variance for use to place two (2) six foot dish antennas on an existing tower and necessary equipment to be cabinet mounted on H-frame at ground level. EXHIBITS A-1 Antenna site RF Compliance Assessment & Report dated 8/17/11 DISCUSSION James K. Pryor, Esq., attorney for the applicant, approached the podium. Mr. Pryor stated that the applicant is proposing to place two (2) dishes on an existing tower at 10 Marcella Avenue. He stated that it’s a conditional use and requires a variance. Mr. Pryor explained that this is not a cellular dish but a discreet network; point to point transmission from Newark to Marcella Avenue across New Jersey to the Midwest. Mr. Pryor then stated that they transmit only data and Giga Bearn has been contracted to build the network for their customer. Chairman Neuer stated that the Board needs to know who Giga Beam is, who Midsummer Capital is and who owns Midsummer Capital. Mr. Pryor stated that he will have that information for them at the next meeting on 10/27/11. Mr. Buechler asked why the H-frame is needed and why can’t they use the existing building for their equipment. Mr. Pryor stated that he has witnesses that will also testify to that at the next meeting. Chairman Neuer stated that Ms. Borg’s report states that she would like to see the dishes camouflaged. Mr. Pryor stated that they will provide testimony that explains these dishes are designed the way they are for technical reasons. Mr. Pryor stated that his first witness, Dan Collins, will testify regarding the FCC regulations, He also stated that he will have a witness at the 10/27/11 meeting, who is from California and will discuss the operation. Mr. Pryor stated that the site engincer is here and can testify tonight. Chairman Neuer asked if he was suggesting that this was an inherently beneficial use and Mr. Pryor stated that he is just saying the site is suited for this use. Chairman Neuer said to note for the record that in Ms. Borg’s report the tower is 200 feet high and not 2000 feet high. Mr. Pryor called his first witness and Dan Collins approached the podium and was sworn under oath, Mr. Collins stated he is an FCC compliance expert and Chairman Neuer accepted his credentials as an expert in that field. 12