February 7, 2013

Chairman Neuer told Mr. Meese that they will have to record a deed or other instrument that would state that it is a temporary facility and the variance does not run with the land. The Chairman said that the deed or other instrument will expire when the pole is relocated. Mr. Meese said that he does not agree with this, He said that this is the carrier’s facility and if someone else wanted to use this facility they would have to come back to this Zoning Board. Mr. Meese said that it would be hard for the owner of the property to even agree to this. Chairman Neuer said in order to keep the Board out of litigation the instrament would have to be recorded because once the variance is granted it runs with the land. He said that this Board needs to take proactive measures to make sure that it does not. Ms. Gabry said to condition the flag being maintained and the flag pole must be white. Chairman Neuer made a motion to approve the application with said conditions; Ms. Gabry seconded the motion. The vote was as follows: Buechler: Recused Steinhart: Yes Bullock: Yes Sussman: Yes Gabry: Yes Weiss: Yes Merklinger: - Zaolino: - Quenizel: Yes Chairman Neuer Yes ADJOURNMENT The meeting was adjourned by Chairman Neuer at 9:48 pm. lal of lt" Rose DeSena Zoning Board Secretary February 21, 2013