Open public meeting statement: The meeting was called to Order by the Chairman, Glenn Barbagallo, and a statement was made that the meeting was duly advertised and met all of the requirements of the Open Public meetings Act. Those present were: Charles Teufert as Mayor Designee, Gene Crawford, Jason Dunn, Glen Plotsky (arrived 8:20 p.m.), Katherine Snyder, Jody Case Kennedy, James Guimes, Glenn Barbagallo, William Haggerty, Esq., the board attorney, Michael O’Krepky, the board engineer, and Sharon M. Yarosz, the board secretary.
Those absent were: Darren Ponce (excused), Sharon Tufaro (excused), and Richard Innella (excused).

MINUTES
The February 12, 2009 Land Use Board Regular Meeting and Joint Meeting with Township Committee Minutes were reviewed. A Motion was made by Mr. Teufert and seconded by Ms. Crawford to approve the Minutes of the February 12, 2009 Land Use Board Regular Meeting and Joint Meeting with Township Committee. All were in favor. The Motion was carried.

RESOLUTIONS
Patricia Wasko – LUB 08-05 – Block 19.07, Lot 14 – 18 Highpoint Drive – Private Road Variance:
The Resolution was reviewed. Mr. Barbagallo referred to page 2, third paragraph which states “since applicant’s lot is to be from High Point Drive, an unimproved road…” He felt it should state “an unimproved private road.” Mr. Dunn referred to page 5 of the Resolution which refers to Brookhaven Way as a private road. He indicated that Brookhaven Way is a Township Road. The board reviewed the Township Road Map and Brookhaven Way is a Township Road and the Resolution should be corrected. Ms. Crawford indicated that the road “Fawn Run” was misspelled in the Resolution a few times. A Motion was made by Ms. Crawford and seconded by Mrs. Snyder to approve the Resolution for a Private Road Variance for Patricia Wasko with the corrections indicated by the board members. Roll Call: Ms. Crawford, yes; Mrs. Snyder, yes; and Mr. Barbagallo, yes. The Motion was carried.

EXTENSIONS
Debra S. Youngman – LU-02-05-1 – Block 47, Lot 14 – Red Hill Road – Preliminary Major Subdivision:
A letter was received from the applicant requesting an extension of time for the Preliminary Major Subdivision Approval. Mr. Haggerty indicated that pursuant to the 2008 Permit Extension Act, an extension of time through the Montague Township Land Use Board is not required because the application is automatically extended through the Permit Extension Act.

NEW APPLICATIONS
Cellco Partnership dba Verizon Wireless – LUB 09-01 – Block 39, Lot 34 – 406 Route 206 – Preliminary & Final Site Plan (Cell Tower – Co-Location):
Appearing before the board was the applicant’s attorney David Soloway, Esq.
Mr. Soloway indicated that the applicant was before the board this evening for an application to co-locate a wireless communications facility on the existing 148’ +/- tree monopole at the M&M Trucking property on Route 206. The applicant is proposing 12 panel antennas at a centerline of 105’ which will be inside existing branches. They are also proposing a 12’ x 30’ equipment shelter which will be located inside the existing equipment compound. There will be no expansion. He further indicated that 2001 this board approved the original application to construct this tower and to allow Sprint PSC to locate its equipment on the property. The board subsequently approved co-location applications for AT&T, Omnipoint and Nextel. The property is located in the C2 Zone. He indicated that he received Mr. O’Krepky’s report which noted 3 items where the applicant did not check the checklist. The first item is number 11 of the checklist which is a recent photograph of the site. The applicant did not submit a photograph with the application packet; however, they brought photographs with them this evening. He requested that the application be deemed complete. The second item is number 64 of the checklist, which is an EIS. The applicant is requesting a waiver on this item. This application proposes no disturbance. The antennas are on the existing pole and the equipment is inside the existing compound and the utilities are inside the existing compound. He does not see the need for an EIS for this application. Mr. Barbagallo questioned Mr. Soloway if the compound is paved. Mr. Soloway indicated that it is not paved it is gravel and the applicant does not intend to change it. The third item is number 77 of the checklist which is ADA Compliance which the applicant is requesting a waiver because it is not required because it is an unmanned facility.

Mr. O’Krepky indicated that feels the application is complete and the feels that the waiver requests of the applicant are reasonable.
A Motion was made by Mr. Teufert and seconded by Mr. Dunn to deem the application complete with the waivers requested by the applicant. Roll Call: Mr. Teufert, yes; Ms. Crawford, yes; Mr. Dunn, yes; Mrs. Snyder, yes; Ms. Kennedy, yes; Mr. Guimes, yes; and Mr. Barbagallo, yes. The Motion was carried.

Mr. Soloway continued that the property is located in the C2 Highway Commercial Zone. Co-locations are permitted as conditional uses in this zone. The applicant meets all of the conditions for Preliminary and Final Site Plan.

Appearing before the board was the Radio Frequency Engineer, Michael Littman. Mr. Littman was sworn in by the board attorney. Mr. Littman gave his qualifications to the board and was accepted as an expert witness.

Mr. Littman indicated that Verizon Wireless is licensed by the FCC. He indicated that Verizon Wireless has a need for a wireless communications facility in this area. Mr. Littman submitted to the board Exhibit “A-1” which was a proposed site location map with 2 overlays. The base map of this exhibit shows 3 green dots which represent the applicant’s on-air facilities and one blue dot which represents the proposed site. Mr. Littman listed the on-air facilities as 1) Colesville 2 at 8 Ranger Lane; 2) Wantage Township on Upper Mountain Road; 3) Frankford Township on Mattison Avenue; and 4) Sandyston Township, Hotalen Road.

The first overlay of the exhibit represents reliable coverage from these on-air facilities which are depicted in green. The map showed a significant amount of unreliable coverage in Montague Township, specifically on Route 206 which lasts approximately 4 ½ miles which starts at Ayers Road and ends at Delaware Mine Road and beyond. There is also a gap the entire length of Clove Road which is 7.2 miles. There is also a 2+ mile gap on Deckertown Turnpike starting at Delaware Mine Road. He indicated that reliable coverage represents the ability to consistently receive, make and continue phone conversations. Mr. Littman referred to the second overlay of Exhibit “A-1” which represents reliable coverage in green from the proposed facility. This facility will cover a significant area on Route 206, a small portion of Clove Road and Deckertown Turnpike. On Route 206 they will cover 2.6 miles starting from Shaytown Road ending at Delaware Mine Road; On Deckertown Turnpike starting at Delaware Mine Road ending just west of Birchtree Road; and on Clove Road approximately 1.6 miles starting at Route 206 ending at South Shore Road. The proposed site will cover approximately 3.1 square miles. With the proposed site, there will be reliable coverage in the areas mentioned.

Mr. Soloway submitted to the board Exhibit “A-2” which is a report of an Analysis of the Predicated Radiofrequency Environment in the Vicinity of a Proposed Verizon Wireless, Wireless Communications Facility prepared by PierCon Solutions dated March 10, 2009. Mr. Littman indicated that everything in this report is a worst case scenario assumption. They use the scenario that every carrier is using fully transmitted power levels. With this scenario they come up with a maximum percentage of the FCC limit 1.3% of the over all limit, which is 72.8% below the FCC standards. With regard to the NJ Standards, it is 5 times less stringent then the Federal standards, therefore, they comply with the NJ Standards.

Appearing before the board was the applicant’s engineer, John Ferrante. Mr. Ferrante was sworn in by the board attorney. Mr. Ferrante gave his qualifications to the board and was accepted as an expert witness.

Mr. Ferrante submitted to the board Exhibit “A-3” which is the Site Plan consisting of 6 sheets which was submitted to the board with the application packet. Mr. Ferrante referred to page Z-3 which shows the site of the proposed co-location. The property is known as Block 39, Lot 34, which is a 3.7 acre lot with a 1 story building in front of the property and the compound is in the rear of the property, approximately 264’ to the monopole. The subject property has a fenced in compound with a double gate with the tree pole located to the east of the compound and the equipment shelters of the existing carriers. The applicant’s equipment shelter is to the rear of the fenced in compound. The dimensions of the equipment shelter is 12’ x 30’, which is a pre-fabricated building, supported by a solid foundation which is the only disturbance required by this application. The shelter will be a sand type color.

There is no proposal of an expansion of the existing compound. With regard to the proposed antennas, Verizon will be occupying the lowest level of the tree pole at elevation 105’ with 12 panel antennas installed which will be concealed by the branches on the tree monopole. This application complies with all of Montague Township’s Wireless Communications Ordinance. He further indicated that this is an unmanned facility. It is typically visited by a technician once every 4 to 6 weeks. The entire facility is remotely monitored by a central control facility that Verizon maintains. There is no water or sewer required at this facility.

Mr. Ferrante submitted to the board Exhibit “A-4” which are 6 photographs; 3 photographs are of the existing conditions and 3 photographs showing the proposed antennas the applicant is proposing. The first set of photographs are taken from Route 206; the second photograph is taken from Doremus Lane looking towards the tree pole; and the third photograph is taken immediately outside the compound showing the Nextel shelter and the proposed Verizon shelter to the rear. He indicated that the one story existing building on the site partially blocks the view of the equipment shelters located on the property.

Mr. Dunn questioned Mr. Ferrante if the fence will be removed during the installation of the equipment shelter. Mr. Ferrante indicated that they will not need to remove the fence during construction, they will have a crane to install the pre-fab shelter. Mr. Dunn questioned Mr. Ferrante that during the construction of the equipment shelter and the antennas will it disturb the existing uses on the site and the circulation. Mr. Ferrante indicated that it will not disturb any existing uses or circulation of the site during installation. The installation should only take approximately one day.

This matter was opened to the public. There being no public participation, this matter was closed to the public.

A Motion was made by Mr. Teufert and seconded by Ms. Crawford to approve the application for a Preliminary and Final Site Plan for a cell tower co-location. Roll Call: Mr. Teufert, yes; Ms. Crawford, yes; Mr. Dunn, yes; Mrs. Snyder, yes; Ms. Kennedy, yes; Mr. Guimes, yes; and Mr. Barbagallo, yes. The Motion was carried.

NEW BUSINESS
Sign Ordinance:
This matter was carried to the next regular meeting of the Land Use Board.

Land Use Board By-Laws:
It was discussed that the Land Use Board meetings should begin at 7:00 p.m. instead of 8:00 p.m.
A Motion was made by Mr. Plotsky and seconded by Mr. Teufert to begin the meetings for the Land Use Board at 7:00 p.m. for the remaining meetings for 2009 and to also amend the Land Use Board By-Laws to reflect this change for all future meetings. Roll Call: Mr. Teufert, yes; Ms. Crawford, yes; Mr. Dunn, yes; Mr. Plotsky, yes; Mrs. Snyder, yes; Ms. Kennedy, yes; Mr. Guimes, yes; and Mr. Barbagallo, yes. The Motion was carried.

VOUCHERS
The vouchers were reviewed. A Motion was made by Mrs. Snyder and seconded by Ms. Crawford to approve the following vouchers:

KSM Engineering, P.C. regarding General Administration (February) in the amount of $250.00; and
KSM Engineering, P.C. regarding ADPP (Escrow) in the amount of $156.25; and
KSM Engineering, P.C. regarding ADPP (Escrow) in the amount of $125.00.

PUBLIC PARTICIPATION:

The meeting was opened to the public. There was no public participation. The meeting was closed to the public.

ADJOURNED:

Having no further business, a motion was made by Mr. Teufert and seconded by Ms. Crawford to adjourn the re-organization meeting. All were favor. The motion was carried. The meeting was adjourned.

Minutes prepared by:

SHARON M. YAROSZ
Land Use Board Secretary