March 20, 2013

Mr. Weston inquired if there was a definitive number of antennas that would constitute an undue concentration, what criteria would result in undue concentration, and would approving additional towers be of concern to the Board. Mr. Kyle opined that regarding the number of antennas, it would be a judgment call; he stated that regarding the towers, there were already seven towers in the area; he opined that it would be silly to have additional towers erected. Mr. Gurland stated that Mr. Kyle was not permitted in to Eagle Ridge; he asked how the photos from Eagle Ridge were obtained. Mr. Kyle said the Eagle Ridge photos were existing photos. Mr. Klein asked about undue concentration; did it have to do with spacing the antennas. Mr. Kyle said it was more about volume; the dishes did not stand out. Mr. Dwyer asked Mr. Kyle to identify the dishes and there distance to those proposed. Mr. Kyle identified the antennas and said they were at a distance of ten feet. Mr. Dwyer confirmed with the Applicant and the Board Secretary that they had submitted documentation of owner authorization. Mr. Weston opined that based on the testimony from professionals, and the new report from Mr. Haldane, the antennas on the structure were at 96% and seemed to be approaching capacity. Mr. Lavigne advised that Mr. Haldane would provide a written summary of his most recent inspection and recommendations. Conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. In the event that any other required

the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successors or assigns construct or attempt to construct any NAPLANNING. BRD\WPIMINUTES(2013\3-20-13 Minutes.doc 7