Transcript 09-18-2014
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Page 1 1 TOWNSHIP OF CHATHAM BOARD OF ADJUSTMENT 2 PUBLIC HEARING 3 4 5 IN RE: NEW CINGULAR WIRELESS, * SEPTEMBER 18, 2014 6 PCS, LLC (AT&T) 63 * 7 BUXTON ROAD, BLOCK 62, * 8 LOT 105 * 9 - - - - - - - - - - -* 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Job No. CS1900209 Veritext Corporate Services 800-567-8658 973-410-4040 Page 2 1 T R A N S C R I P T of the stenographic notes of 2 the proceedings in the above-entitled matter as 3 taken by and before LATITISA RUSSELL, CCR 4 #30XI00234100, RPR and Notary Public of the State 5 of New Jersey, held at the Township of Chatham 6 Municipal Building, 58 Meyersville Road, Chatham, 7 New Jersey, September 18, 2014 commencing at 8 approximately 8:15 p.m. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Corporate Services 800-567-8658 973-410-4040 Page 3 1 A P P E A R A N C E S: 2 3 PINILIS HALPERN, LLP 4 BY: JUDITH FAIRWEATHER, ESQUIRE 5 160 Morris Street 6 Morristown, New Jersey 07960 7 Counsel for the Applicant 8 9 STEPHEN H. SHAW, ESQUIRE 10 Counsel for the Board 11 12 BOARD MEMBERS: 13 Tony Vivona, Chairman 14 John Weston 15 Kathryn Surmay Kenny 16 Richard Williams 17 Glen Nelson 18 Tina Romano 19 Thomas Polise, Alt #1 20 William Styple, Alt #2 21 John K. Ruschke, Board Engineer 22 Robert A. Michaels, Board Planner 23 Kali Tsimboukis, Board Secretary 24 25 Veritext Corporate Services 800-567-8658 973-410-4040 Page 4 1 - - - 2 I N D E X 3 - - - 4 WITNESS DIRECT CROSS 5 Jim Dowling 6 By: Ms. Fairweather 6 7 ---------------------------------------------- 8 Robert Michaels 9 By: Mr. Shaw 15 10 11 - - - 12 PUBLIC SPEAKERS 13 - - - 14 NAME PAGE 15 HAYLEE MESSING 9, 51 16 VINCENT CARACCIOLO 12, 24 17 JOHN YOUNG 23, 77 18 DEBORAH FLICKINGER 25, 49 19 DAVID DREYFUS 29 20 NANCY COOK 36 21 KATHERINE PORTER 40 22 CHRISTINA PETERSEN 41, 82 23 BRAD WEISGERBER 61 24 KATIE WEISGERBER 67 25 ASHLEY DUNN 69 Veritext Corporate Services 800-567-8658 973-410-4040 Page 5 1 - - - 2 PUBLIC SPEAKERS 3 - - - 4 NAME PAGE 5 JAY MESSING 70 6 SAIKAT SEN 73 7 JIM BRENNAN 74 8 DOUG MATTLE 79 9 JOHN VAN SLYCK 81 10 ANNIE LEVINE 86 11 RAY GREEVES (ph) 86 12 ALYSSA RESNICK 87 13 14 15 16 - - - 17 E X H I B I T S 18 - - - 19 NO. DESCRIPTION PAGE 20 O-2 At&t Sales Maps 55 21 O-3 Photograph 56 22 O-4 Photograph 60 23 O-5 Photographs 62 24 25 Veritext Corporate Services 800-567-8658 973-410-4040 Page 6 1 - - - 2 MS. FAIRWEATHER: Good evening, 3 Mr. Chairman. 4 CHAIRMAN: Good evening. 5 MS. FAIRWEATHER: Judy Fairweather on 6 behalf of Cingular Wireless before you this 7 evening. As you remember last time Cingular 8 finished its testimony and since that time on 9 August 5th, Cingular revised two of its sheets. It 10 was a debate on the number of cabinets, whether or 11 not it complied with Section 6409. So Cingular 12 sent in the revised two sheets reducing it from 13 five cabinets down to four and I brought my planner 14 this evening to put it on the record, since I'm 15 attorney and can't testify. 16 CHAIRMAN: Okay. 17 - - - 18 DIRECT EXAMINATION 19 BY MS. FAIRWEATHER 20 - - - 21 Q. Jim Dowling, I'm going to remind you 22 that you're under oath and you've testified before, 23 correct? 24 A. That's true. 25 Q. Could you please explain to the board Veritext Corporate Services 800-567-8658 973-410-4040 Page 7 1 the changes in the site plans? 2 A. Sure. On August 5th, the letter dated 3 August 5th it was a submission to the board, two 4 sheets in the plans, Z-01 and Z-02, were replaced. 5 They are dated 7/31/14. 6 Effectively, what the change on those 7 two sheets are is that there were five cabinets in 8 the inside of the noise enclosure and that one of 9 those cabinets has been removed and there are four 10 cabinets now. Other than that, there were no 11 additional changes to the plan site. 12 CHAIRMAN: The sound enclosure is still 13 the same size? 14 THE WITNESS: Yes, sir. 15 MS. FAIRWEATHER: I have no other 16 testimony. 17 MR. SHAW: The second sheet on sheet 18 Z-02 depicts what is now the current cabinet 19 configuration in the different compound. 20 MS. FAIRWEATHER: Yes, sir. 21 MR. SHAW: It has a two cabinets which 22 are identified as proposed battery cabinets. One 23 is a proposed cell cabinet and the second is a 24 proposed AT&T DCT unit struck frame. Is that a 25 cabinet, also the proposed telco box? Veritext Corporate Services 800-567-8658 973-410-4040 Page 8 1 THE WITNESS: No. 2 MS. FAIRWEATHER: No. The telco box, 3 that's what hooks it up with the electric and 4 power. It's not a cabinet. It comes from the 5 power company and the telephone company. 6 MR. SHAW: Okay. 7 MS. FAIRWEATHER: The only difference 8 is that one cabinet has been removed. The 9 remaining four cabinets are exactly the same. 10 MR. SHAW: Whatever the contents were 11 that were in the five cabinets have now been 12 consolidated into the four cabinets? 13 MS. FAIRWEATHER: Yes, sir and none of 14 the testimony has changed in regard to 15 radiofrequency engineering or anything. 16 MR. SHAW: Okay. 17 MS. FAIRWEATHER: That's it. 18 MR. SHAW: Thank you. 19 MR. MICHAELS: It was also something in 20 this enclosure called the proposed power panel. Is 21 that something that sits on the ground? What is 22 that? 23 MS. FAIRWEATHER: That's, I assume the 24 hookup. Tony Gaultieri testified to it last time. 25 It was the same that was there. The testimony Veritext Corporate Services 800-567-8658 973-410-4040 Page 9 1 before would be from the engineer. 2 MR. MICHAELS: Okay. 3 MR. SHAW: If none of the board has any 4 questions, if any member of the public has any to 5 the specific modifications of the plan, if there 6 are questions on that, members of the public? 7 MS. MESSING: Haylee Messing, 60 Buxton 8 Road. You've gone from five to four. What other 9 equipment has changed? What is inside each 10 cabinet? 11 MS. FAIRWEATHER: The computer 12 equipment in the cabinets we never testified to 13 other than there is equipment in the cabinet. 14 Everything is the same. We just reduced it by one. 15 MS. MESSING: Is it slightly larger or 16 housing more equipment? 17 MS. FAIRWEATHER: It's not slightly 18 larger. The computer equipment inside AT&T, I 19 don't know what's inside of it before or and I 20 don't know what's inside of it after. It's 21 computer equipment. 22 MS. MESSING: But you're changing it 23 from the five to four. You reduced the number of 24 antennas, also or is anything else reduced? 25 MS. FAIRWEATHER: No, nothing else is Veritext Corporate Services 800-567-8658 973-410-4040 Page 10 1 being reduced. All the testimony from the previous 2 witnesses, none of it has changed. 3 MS. MESSING: So wouldn't, if you're 4 going from five to four and everything is the same, 5 doesn't that mean it's more equipment in each 6 cabinet? 7 MS. FAIRWEATHER: I would assume it's 8 more computer equipment. The computer equipment 9 has been reconfigured. The cabinet size is all 10 that matters. 11 MS. MESSING: Would that impact the 12 fans that have to cool the equipment because now 13 you've got more equipment heating up a smaller 14 space? Would that mean you need more fans to keep 15 it cooler because it's a smaller area? 16 MS. FAIRWEATHER: No, none of the noise 17 information that was done or study has changed at 18 all. You're just assuming that changes in computer 19 equipment may mean more and may mean a higher fan 20 rate or something. The number of everything is 21 still the same. We just removed one equipment 22 cabinet. 23 MS. MESSING: Still doesn't -- I still 24 don't understand, but how can it be less and still 25 be the same? It sounds like you're making an Veritext Corporate Services 800-567-8658 973-410-4040 Page 11 1 assumption that you -- that it wouldn't be hotter 2 and you wouldn't -- if everything stays the same 3 and you're reducing cabinets, you have more 4 equipment heating up in a smaller space. 5 MS. FAIRWEATHER: You're assuming that 6 the cabinets are completely filled. You're 7 assuming things that aren't correct. I'm sorry. 8 We are just removing one cabinet. Everything else 9 remains the same. 10 MS. MESSING: The other cabinets are 11 not getting larger? 12 MS. FAIRWEATHER: No, they are the same 13 size. 14 MS. MESSING: But they are getting more 15 equipment. 16 MS. FAIRWEATHER: As I testified 17 before, we've never discussed the computer 18 equipment.