1 BOARD OF ADJUSTMENT
BOROUGH OF
WANAQUE
2
________________________
3 IN THE MATTER OF: :
TRANSCRIPT
CASE#:
19-06
4 SMSA Limited Partnership: PROCEEDINGS
d/b/a/
Verizon Wireless :
Block
999,
6 ________________________
7
Wednesday,
January 3, 2007
8
9
Commencing
at 8:25 p.m.
10
B O A R
D M E M B E R S P R E S E N T:
11
JACK DUNNING, Chairman
12 WILLIAM GRYGUS, Vice-Chairman
FRANK COVELLI
13 PETER HOFFMAN
DON
LUDWIG
14 ED LEONARD
ART
KONING
15 ERIC WILLSE
MICHAEL O'HANLON
16
GERRI MAROTTA, Board Secretary
17 WILLIAM GREGOR, Board Engineer
18 A P P E A R A N C E S:
19 RALPH FAASSE, ESQ.
Attorney for the Board
20
WARREN
O. STILWELL, ESQ.
21 Attorney for the Applicant
22 IRIS LaROSA, C.S.R,
RPR
23
PRECISION REPORTING SERVICE
24 Certified Shorthand Reporters
25
(908) 685-2227
PRECISION REPORTING SERVICE
(908) 685-2227
2
1
I N D E X
2
3 WITNESS DIRECT CROSS
REDIRECT RECROSS
4 Sean Haynberg 5
5 Frank Colasurdo 67
6
7
PUBLIC
SPEAKERS PAGE
8
David
DaSilva.............................44
9 John Amiello..............................52
Tom
Luciani...............................54
10
Bob Mazzola...............................61
11
12
13
14 E X H I B I T S
15
NUMBER
DESCRIPTION PAGE
16
17 A-1
Base map with overlays 17
18 A-2
Proposed coverage map 28
19 A-3
RF emissions report 38
20 A-4
Site plan and bulk chart 71
21 A-5
Site plan with bold property
lines 73
22
A-6 Detail site plan and site
23 elevations 77
24
25
3
1 CHAIRMAN DUNNING: 19-06
2 Limited Partnership doing business as
Verizon Wireless.
3 Good evening, Counsel.
4 MR. STILWELL: Good evening, Mr. Chairman,
5 members the Board. Warren Stilwell from the firm of
6 Cooper Levenson on behalf of the applicant,
7 SMSA d/b/a Verizon Wireless. This is an application to
8 put a monopole disguised as a flagpole at
the property
9 better known as the Wanaque Golden Agers'
property
10 located at
11 matter that had been advertised for a
hearing in the
12 beginning of October, was carried till
December, the
13 December meeting, and then carried to this
evening.
14 I have with me to testify three
15 individuals:
The first person is Mr. Sean Haynberg,
16 who's our radio frequency engineer. He'll testify with
17 respect to the need for a facility at this
place, the
18 height of the facility, and also the
compliance of this
19 facility with the requirements of the
Federal
20 Communications Commission with respect to
transmission
21 of radio frequency energy.
22 Our second witness is Mr. Frank
Colasurdo
23 who's our registered architect, and who is
responsible
24 for creating the plans that are before the
Board. Mr.
25 Colasurdo will be describing the proposed
facility.
4
1 And also he will be using a set of plans
that takes
2 into consideration the fact that the
3 going to be re-deeded to the Township. That is
4 something that affirmatively occurred
between the last
5 time we were here and now.
6 I talked to Mr. Carolle today
who advised
7 me that the Mayor commissioned at the
reorganization
8 meeting on January 1st adopted by first
reading the
9 notion that they were going to re-take or
take over
10 this property by deed from the Golden
Agers. And, of
11 course, any approval that this Board would
grant would
12 be subject to and conditioned upon that
actually
13 occurring.
14 We do have and did submit to the
engineer
15 and to the town administration plans that
were revised
16 to show the revision of the lot line based
on the
17 dedication of the roadway back to the
municipality.
18 Mr. Colasurdo will discuss the differences
between the
19 plan that you have and the plan as it will
exist. He's
20 got it broken down and he will be able to
discuss all
21 of the bulk requirements also.
22 Finally, I have Mr. Rick Masters
who's my
23 professional planner.
24 CHAIRMAN DUNNING: Okay.
25 MR. STILWELL: May I start?
5
1 CHAIRMAN DUNNING: Go ahead.
2 S E A N
H A Y N B E R G, V-Comm Telecommunications
3 Engineering,
4 08512, having been duly sworn, testifies as
follows:
5 DIRECT EXAMINATION BY MR. STILWELL:
6 Q.
Mr. Haynberg, you may adjust that.
It was
7 perfect for me. All right.
Mr. Haynberg, will you
8 advise the Board as to your background and
professional
9 qualifications, please?
10 A.
Sure. I have a bachelor of
science degree
11 in electrical engineering from
12 currently employed by V-Comm
Telecommunications
13
Engineering, which is a radio frequency engineering
14 consulting firm. I have a total of 17 years experience
15 in the area of radio frequency propagation
and
16 compliance of FCC rules and
regulations. I've
17 conducted numerous studies, measurements and
reports in
18 the area of radio frequency propagation and
compliance
19 of the FCC rules and regulations. And I have testified
20 and been accepted as a radio frequency
expert in other
21 townships in the state of
22 MR. STILWELL: Will the Board accept Mr.
23 Haynberg's qualifications?
24 CHAIRMAN DUNNING: Yes.
25 BY MR. STILWELL:
6
1 Q.
Thank you very much. Mr.
Haynberg, is
2 Verizon Wireless licensed by the Federal
Communications
3 Commission?
4 A.
Yes. They're a licensed cellular
and PCS
5 provider for this market, this area.
6 Q.
Okay. And cellular and PCS are
terms of
7 art that we use when they describe
frequencies that
8 Verizon Wireless is licensed to utilize?
9 A.
Correct. The cellular frequency
band is
10 part of the electromagnetic spectrum in the
800 to 900
11 megahertz frequency range. And the PCS band is in the
12 1900 megahertz frequency range.
13 Q.
This Board has heard, I'm sure, other
14 applications by cellular carriers. And what's common
15 with all of them is that they depend on
two-way
16 communication; is that correct?
17 A.
Correct. It is a typical
commercial
18 wireless voice and data communication
system.
19 Q.
And it relies on the downlink and the
20 uplink.
Could you describe what those are?
21 A.
Right. It is a two-way link
between the
22
radio base station and the user devices, whether they
23 be voice handsets or devices in laptop PCs
to be able
24 to provide two-way connection for voice and
data
25 communications to there and out.
7
1 Q.
And when you design the network in order to
2 provide services that you provide how do you
do that?
3 A.
We look at the surrounding area, the
4 terrain, the existing structures, and the
network of
5 existing on-air cell sites that Verizon
currently has,
6 and look to fill in the areas that do not
have adequate
7 levels of service. And that's the only reason we're
8 here today.
9 Q.
And can you describe the type of services
10 that you provide?
11 A.
The services include, in general:
Voice
12 services, there's special messaging
services,
13 multi-media messaging service, video
messaging.
14 There's a compliment of facts and data and
services,
15 high speed data services, all provided by
Verizon
16 wireless's network.
17 Q.
This is not your grandfather's mobile
18 telephone?
19 A.
No.
20 Q.
Okay. All of those services
require
21 capacity, and this two-way communication
with the user
22 and the cell site itself?
23 A.
Correct.
24 Q.
And if you don't have a cell site in the
25 area then you're not able to provide the
range of
8
1 services that you provide?
2 A.
Correct.
3 Q.
Is there also a phenomenon going on in
4 terms of the usage of these devices in terms
of when
5 they're used and how they're used?
6 A.
Well, there are loading periods of the day,
7 higher loading periods during the busy
hours, typically
8 towards the end of the day in the four to 7
o'clock
9 region.
In addition, there's other busy hours at night
10 between the eight and 10 o'clock areas where
the
11 network does get loaded up at the peak
levels as
12 compared to the standard loading during the
day.
13 Q.
So there's a lot more usage going on in
14 peoples' homes now?
15 A.
Correct. A lot more in-building
usage than
16
there has been in the past. A lot
of homes are
17 increasingly using their cellular phones as
their only
18 means of communication.
19 Q.
There is a phenomenon that Verizon Wireless
20 in particular has been experiencing?
21 A.
Correct.
22 Q.
Is there a need for service in this area?
23 And did you bring with you an exhibit that
you can use
24 to demonstrate that?
25 A.
Yes. I've prepared two exhibits
showing
9
1 the radio propagation: The first from the existing
2 cell sites that are on air from the Verizon
Wireless
3 network; and the second in addition to the
existing
4 network the proposed site.
5 MR. STILWELL: Mr. Chairman, where do you
6 normally set up your easel, over here?
7 A.
As I mentioned this first exhibit shows the
8 radio propagation in the surrounding Wanaque
area.
9 Q.
Sean, before you get to that, can you tell
10 the Board who prepared this, how it was
prepared?
11 A.
This exhibit was prepared by my company,
12 V-Comm.
We prepare these types of exhibits analyzing
13 the radio propagation from cellular and PCS
networks
14 from the major wireless carriers.
15 Q.
And this exhibit has on it certain
16 information that's been added to a base map?
17 A.
Correct. The base map is a
topographical
18 map.
And we added dots showing the existing on-air
19 Verizon cell sites, the proposed site in the
center.
20 And other -- we also have on the map a black
line that
21 denotes the township boundary. And the green shaded
22 areas are areas from the existing on-air
Verizon
23 network that has reliable coverage. The areas in white
24 show the significant gap in coverage in the
center of
25 the exhibit.
10
1 Q.
And can you describe what the green areas
2 mean and how they were produced for this
exhibit?
3 A.
V-Comm utilizes industry standard
4 propagation modeling tools to predict the
radio
5 propagation and coverage in the area using
digital
6 terrain database, and including Verizon's
standards for
7 reliable service, and show in green the
areas which
8 have that reliable service.
9 Q.
And you can see there's quite a bit of
10 irregularity in terms of propagation of the
signal in
11 this area?
12 A.
Correct. The propagations are
very terrain
13 dependent.
It's a very mountainous area with a lot of
14 valleys with the existing sites on air. As you can see
15 they are in the valleys. As you get away from the
16 sites the site covers about a mile or so in
radius.
17 There's a fair amount of area that will be
less than
18 reliable service.
19 Q.
Based on your experience in the business
20 with respect to the use of this propagation
tool and
21 the accuracy of those exhibits do you have
an opinion
22 as to how accurate those exhibits are?
23 A.
Yes. We have frequently performed
field
24 measurements with -- with transmit receivers
for both
25 sites and on-air sites. So our tool is calibrated to
11
1 field measurements. In addition, this particular site,
2 we did perform drive measurements at this
site with a
3 crane at the proposed site to verify the
prediction is
4 accurately modeling the radio propagation.
5 Q.
So besides the software propagation tool
6 you also have hard real world data as a
result of this
7 crane test?
8 A.
Correct.
9 Q.
And that was incorporated into the exhibit?
10 A.
Correct.
11 MR. FAASSE: But the crane test was only
12 done on the proposed site?
13 MR. STILWELL: Correct.
14 THE WITNESS: Correct.
15 BOARD MEMBER GRYGUS: Could you orient
16 north on that?
17 THE WITNESS: North is straight up. This
18 is a topographical map. This is the township boundary.
19 This is
20 CHAIRMAN DUNNING: Ringwood.
21 THE WITNESS: Excuse me, Ringwood.
22 BOARD MEMBER GRYGUS: Your existing sites,
23 are those labeled?
24 THE WITNESS: Yes.
I'll go through those,
25 if you'd like.
12
1 BOARD MEMBER GRYGUS: Yes, could you?
2 THE WITNESS: Starting to the north there's
3 a site called Ringwood Two that's on a tower
on Cupsaw
4 Drive in Ringwood. Going clockwise there's another
5 site in Ringwood on a monopole on
6 Again, clockwise towards the east there's an
7 site monopole on
8 there's a
9 Road.
And there's a second site in
10 tower on
11 surrounding -- they're all just outside and
surrounding
12 Wanaque and they're all higher.
13 BOARD MEMBER WILLSE: Could you tell me
14 what a monopole is?
15 THE WITNESS: A monopole is just a pole,
16 you know, as compared to a lattice tower
where you have
17 a structure.
A monopole is just a single straight
18 pole.
19 BOARD MEMBER WILLSE: Like a very tall
20 telephone pole?
21 THE WITNESS: Right.
Or a flagpole.
22 BOARD MEMBER GRYGUS: I have a question for
23 you.
I know within the Borough here there are, of
24 course, we have this pole here. And then on top of the
25 water tower also off of 287, I believe,
there is some.
13
1 Is there any FCC regulations mandating the
sharing of
2 existing structures?
3 THE WITNESS: There's no mandate but, you
4 know, it's encouraged. And Verizon does look to
5 co-exist on existing structures wherever
possible.
6 Regarding the two structures you mentioned,
the one at
7 the hall here is obviously very close to the
proposed
8 facility, however, there's no room, no
available space.
9 It's at capacity already. So that was not an option.
10 And the other water tank was
significantly
11 farther to the south. As I mentioned earlier it's a
12 very terrain dependant area. As you move farther to
13 the south, you get closer to this site, we
have a lot
14 of overlap coverage. And the coverage would not extend
15 into this higher area in Wanaque. So we need another
16 site to cover this other area. So it really wasn't
17
ideal for this location.
18 BOARD MEMBER GRYGUS: So you're saying that
19 this pole here is already at capacity?
20 THE WITNESS: Correct.
There's no
21 additional space at this pole over here.
22 MR. STILWELL: My engineer has the drawings
23 for that particular facility and will be
able to
24 discuss it in some detail. But it, essentially, has to
25 do with the fact that the area on top of the
monopole
14
1 which is RF penetrable is filled with
antennas. The
2 only existing space available would be below
that on
3 the exterior of the pole at a fairly low
height.
4 BOARD MEMBER HOFFMAN: Is there any
5 regulation as to how close the antennas can
be?
6 Because they are transmitting out to
saturate the
7 surrounding area, I mean, with radio waves.
8 THE WITNESS: You mean, located on the same
9 structure?
10 BOARD MEMBER HOFFMAN: No. At
this
11 structure here the proximity to how close
they are
12 together.
Is there a standard as to how far away one
13 pole would be to another pole even if it's
from another
14 carrier?
15 THE WITNESS: Typically you could collocate
16 towers fairly closely without a problem.
17 MR. STILWELL: I can tell you from a legal
18 standpoint, from a regulatory standpoint there's
no
19 regulation.
20 MR. FAASSE: But I think he was asking
21 from a radio one.
22 BOARD MEMBER HOFFMAN: From a scientific
23 standpoint how much radiation is being
emitted by two
24 towers so close together?
25 MR. FAASSE: Or interference.
15
1 THE WITNESS: Right.
There really is, you
2 know, you can collocate them very
closely. And even,
3 you have antennas that are collocated on the
same
4 structure, and we analyze the frequency and
5 interference issues. As long as you have a sufficient
6 couple feet space between the antennas
there's usually
7 not a problem.
8 BOARD MEMBER HOFFMAN: So you could
9 conceivably put 35 antennas in an acre and
not have any
10 interference?
11 THE WITNESS: If you did it correctly, I
12 mean, there is an isolation
requirement. And it could
13 be 50 feet horizontally or a couple feet
vertically,
14 depending on antennas, depending on
frequency. So
15 there are a number of parameters, but you
could
16 collocate a fair number of antennas in a
very close
17 location.
18 BOARD MEMBER LEONARD: Could you indicate
19 which sites are basically on a peak and
which ones are
20 in a valley?
21 THE WITNESS: Okay.
This one's on the
22 peak, this one, this Ringwood Two site. In addition to
23 the Ringwood site both sites are not that
tall a tower
24 but their ground elevation will help them
out. This
25 site is also on the peak, relatively on the
peak, and
16
1 is also relatively -- it's a 104-foot
monopole. So
2 it's not that tall a structure on ground
elevation.
3 This one is also higher ground elevation and
the
4 structure is about 122 feet centerline for
the antenna.
5 So the combination of those two cover the
area fairly
6 well.
7 This site's not on a peak, it's
sort of the
8 middle to be able to provide coverage to
this
9 surrounding area. And this site it's not on a peak but
10 it does provide good coverage. This is a valley this
11 whole area.
So as you move far away from here there
12 are a lot of changing terrain, and it will
typically
13 cover inside that valley from outside from a
terrain
14 and propagation standpoint.
15 CHAIRMAN DUNNING: So your proposal with
16 this tower would pretty well fill up your
white areas?
17 MR. STILWELL: We're about to get to the
18 second exhibit that shows what the coverage
would be
19 like.
There's a couple of other things I need to ask
20 first.
21 MR. FAASSE: Just so we're clear, the
22 green right now is Verizon's coverage?
23 THE WITNESS: Correct, existing on-air
24 coverage today from their existing network.
25 BOARD MEMBER WILLSE: On their coverage
17
1 being you wouldn't get a dropped call or --
2 THE WITNESS: Correct.
The wireless
3 service will provide all of the services
that I
4 mentioned earlier. And it would provide service to
5 people on the street, in cars, and in the
building.
6 MR. FAASSE: I don't mean to jump ahead,
7 but you have another exhibit that would show
services
8 in Wanaque by other providers such as
Cingular, Sprint,
9 whatever?
10 MR. STILWELL: No.
11 (Exhibit, A-1, base map with
overlays, is
12 received and marked in evidence.)
13 THE WITNESS: The second exhibit shows what
14 you see here. In addition, we're showing the coverage
15 with the proposed site after it was built
what it will
16 look like for the Verizon network.
17 MR. STILWELL: We just marked that as A-1,
18 is that correct? So everybody understands that that's
19 A-1.
20 THE WITNESS: Correct.
21 MR. GREGOR: I think the point we're
22 getting to, obviously, as you well know,
Wanaque
23 encourages collocation wherever
possible. And you
24 mentioned due to a question, two other cell
sites which
25 exist in town which are not Wanaque. And indicating
18
1 the closest one -- or not, I'm sorry, not
Verizon,
2 indicating that the cell tower is at
capacity here.
3 THE WITNESS: Correct.
4 MR. GREGOR: Two questions: Number one,
5 are there any other cell towers which you
potentially
6 could collocate on within the area that is
shown on
7 your map?
And I'll let you answer that question and
8 then I have one more.
9 THE WITNESS: Not that I'm aware of.
10 There's no other structure