Board of Adjustment

June 6, 2024 The June 6, 2024 Special Meeting of the Board of Adjustment opened at 7:30pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Kelly, Davis, Reynolds, Driber, McFadden, McGee, Dealmeida, Neill and Loder Absent – Dixon and Struncius Also, present – Ben Montenegro, Esq, Board attorney and Ray Savacool, Board PE and Karen L. Mills clerk to the Board. Court Reporter – Denise Sweet Agenda #2024-24 – Cellco Partnership (Verison Wireless)– 69 Channel Drive (Fisherman’s Supply) – Applicant proposes to install nine (9) antennae on a COW (cell on wheels) and related equipment cabinet in a 436 square foot leased area from June 15 through November 6 Richard Schkolnick, Esquire, the applicant’s attorney, stated that the applicant proposes to install six (6) wireless telecommunications antennae on a Cell Tower on Wheels on a temporary lease through 11/6/24 at the subject property located in the northwest corner of Channel Drive in the MC zone. The use is a conditional use in the zone; however applicant does not satisfy all conditions and therefore requires d(3) variance relief. Exhibits Exhibit A1 – Certified Variance Application Exhibit A2 –Plans entitled “Cellco Partnership dba Verizon Wireless, Jenkinson BW Temp 2024, 2024 COW, 69 Channel Drive, Point Pleasant Beach, NJ 08742, Fuze Project ID 17220487, MDG Location ID 5000947318” prepared by Jacob Minardi, P.E. of Network Connex, dated 4/10/23; Photograph Simulations of Proposed Temporary Mast and Antennas, prepared by Network Connex, dated 4/8/24; Structural Assessment by Jacob Minardi, P.E. of Network Connex, dated 4/10/24; Electromagnetic Exposure Analysis Report by Andrew Petersohn, P.E. of dBm Engineering, P.C., dated 4/10/24; Radio Frequency Design Analysis Report by Andrew Petersohn, P.E. of dBm Engineering, P.C., dated 4/11/24 Exhibit A3 – Board Mounted page of Electromagnetic Exposure Analysis Report (p. 4) Exhibit A4 – Coverage Map (with Temporary COW) Exhibit A5 – Board Mounted page of Design Report (p. 7 of 9) Exhibit A6 – Usage Chart Document Exhibit A7 – Board Mounted plans (3 sheets) Andrew Petersohn, P.E., sworn, credentials accepted, stated that the existing site is located in the MC zone and currently is a developed commercial site. Applicant proposes to lease a small portion of the site (approximately 436 sq. ft.) on a temporary basis through 11/6/24 to install six (6) wireless telecommunications antennae on a Cell-Tower on wheels (COW). He testified that the area has adequate coverage; however, does not have adequate capacity during the peak summer month usage. This temporary tower is designed and located to adequately address that capacity issue. He testified as to his Electromagnetic Exposure Analysis report dated 4/10/24, describing the nature of the evaluation of the proposed facility and study performed. He rendered an expert opinion based on that analysis that the maximum exposure to radio-frequency emissions for the proposed equipment will be far below FCC exposure limits. He opined that using upper limit assumptions for the equipment configuration, the cumulative radio-frequency exposure levels will be less than .8% of the applicable FCC standard at all locations of ground level public access. He testified as to his Radio Frequency Design Analysis report dated 4/11/24, describing the nature of his evaluation and design review for the subject property. He stated that the proposed facility will provide an effective solution for accommodating the seasonal demand for capacity and that the design, location, and proposed antenna height is the least intrusive means of providing adequate service for the Verizon Wireless users in the targeted geography. Bill Perry, applicant’s expert witness, sworn, credentials accepted, stated that he is an independent contractor specializing in site acquisition for his client, the applicant Cellco Partnership t/a Verizon Wireless. He was retained to locate and acquire use of a viable site in the search area to cover the identified gap in capacity during peak summer months. He first focused on locating a Borough owned site that would fully comply with the Borough’s ordinance requirements (19-12A). Despite significant efforts and discussions with the Borough, it was determined that there was no such municipal property that was available that would satisfy the Applicant’s need. He attempted site location in the commercial boardwalk area; however, the private owners were not interested/willing to lease space to Applicant for the temporary COW. Ultimately, the subject property was the only site that functionally allowed Applicant to cover their capacity gap and had a private owner willing to lease space to the Applicant on a temporary basis. He explained that the specific design and height of the tower is a function of the location and distance vis a vis the capacity/coverage gap to be addressed. Jacob Minardi, P.E., sworn, credentials accepted, stated that he prepared the site plan design for the subject proposal and the structural assessment report dated 4/10/24. He described the existing site and specific design/layout on site of the proposed COW. He indicated that the ancillary equipment for the tower is located in the box truck and on the roof of the box truck. He testified that the tower can be retracted if high winds are forecast and said retraction takes approximately 1 hour and described his analysis of the proposed COW and believes that safe operational windspeed was 39 MPH; while survival windspeed was 51 MPH. Based on same, he indicated that any time winds are forecast at more than 39MPH, the Applicant shall retract the tower. He entered and described/analyzed exhibit A7 to support his opinion that even in the event of tower failure, the tower would not impact/ strike any adjoining properties. Applicant agreed to the following:  i. Applicant shall install an 8’ “anti-climb” fence, the type/style to be subject to the review and approval of the Board engineer. ii. Applicant shall provide their protocols/procedures for monitoring high wind forecasts together with the location/response times for the personnel responsible for retracting the tower in response to such a forecast. These protocols/procedures shall be subject to the review and approval of the Board engineer. iii. Applicant shall provide emergency phone numbers to the Borough for both the Applicant and the property owner. Tim Kronk, P.P., sworn, credentials accepted, stated that he is a professional planner and analyzed the proposed application, Borough ordinances and master plan and relevant law under the MLUL. He stated that the proposed application meets the criteria for variance relief required pursuant to NJSA 40:55D-70 (d) (3) for use of the site for the temporary Cell Tower on Wheels, pursuant to the standard of review as defined in Coventry Square v. Westwood (ruling that proofs to support a conditional use variance need only justify the municipality’s continued permission for a use notwithstanding a deviation from one or more conditions of the ordinance). He noted that the ordinance allows for such a cell tower in the MC zone as conditional use; however, the proposed application does not meet all conditions as set forth in the Ordinance. He noted specifically that the application does not meet the 5-acre minimum site size; nor is the site a municipal property. Ray Savacool questioned if there is a generator – No Ray also wants an installed fence in the pavement for safety. No audience questions/comments – No members of the public attending Applicant shall comply with the following special conditions: i. Applicant shall install an 8’ “anti-climb” fence, the type/style to be subject to the review and approval of the Board engineer. ii. Applicant shall provide their protocols/procedures for monitoring high wind forecasts together with the location/response times/for the personnel responsible for retracting the tower in response to such a forecast. These protocols/procedures shall be subject to the review and approval of the Board engineer. iii. Applicant shall provide emergency phone numbers to the Borough for both the Applicant and the property owner. iv. This approval shall lapse at midnight on 11/6/24 and Applicant shall remove the COW and any ancillary equipment on or before 11/6/24. Deliberations Davis – All of the testimony tonight was very good. All concerns and protocol have been met. With planning testimony about suitability – unique circumstances. I do not see any detriment to the zone. Driber – I was actually impressed with the presentation and the boards questions. This is temporary – I have no objections. McFadden- Needs to be up until after the tug of war. Kelly – We need the coverage for safety. McGee – I think the testimony was great. As far as the safety issue I would defer to Dr. McFadden. November 6, 2024 as a hard date is good for me. Dealmeida – I think it will provide a safety service. In favor Neill – I have no further comments. Loder – I also have no further comments. Reynolds – It is important for emergency services. It is temporary – I see no detriment. Motion by Secretary Davis, second by Mr. Driber to approve application #2024-24 of Cellco Partnership (Verizon Wireless)– 69 Channel Drive (Fisherman’s Supply) with conditions. In favor: Davis, Driber, McFadden, Kelly, McGee, Dealmeida and Reynolds Opposed: None Application approved with conditions Meeting adjourned at 9:35pm Attest: Karen L. Mills, LUA Clerk of the Board.