February 16, 2012

stated that if the financing is not in place that the Board requires a 30 day in advance notice which is May 1, 2012. Ms. Borg asked why the applicant will need a new application and the Chairman stated that the Board cannot keep extending it indefinitely; that is not permitted by the Municipal Land Use Act. Mr, Buechler stated that this application has been pending for months and the Board rushed the hearing and decision so they could get the funding. Ms. Erem stated that everyone has been working very hard to keep it together and there are some facts she cannot disclose to the Board, Mr. Buechler stated that the Board has accommodated the applicant for sixteen months but something has to happen here. He made a motion to pass the resolution, extending the deadline until May 31, 2012, and the applicant must notify the Board by May 1, 2012 if they need another extension or if they need additional time to file a new application. Ms. Erem asked for clarification and Mr. Buechler said that if May comes and goes, the extension is expired. Chairman Neuer summarized by saying that the Board will grant the extension until May 31, 2012, subject to the applicant continuing to submit monthly reports. He said that the Board requires that, whether they file a new application or seck an extension, the applicant must notify the Board by May 1, 2012. Chairman Neuer stated that approving the extension will be up to the Board and he seconded the motion made by Mr. Bucchler. Vote was as follows: Buechler: Yes Steinhart: Recused. Bullock: Yes Sussman: Yes Gabry: Yes Weiss: - Quentzel: Yes Chairman Neuer Yes Sacks: Yes RESOLUTIONS 1 ZB-11-15/GigaBeam Application denied without prejudice Block: 84.01; Lot: 22; Zone: B-2 “D” variance for use to place two (2) six foot dish antennas on an existing tower and necessary equipment to be cabinet mounted on H-frame at ground level. Chairman Neuer asked if there were any comments from the Board. Mr. Buechler stated that he gave his comments to Ms. Beime regarding the Bankruptcy Code and made a motion to adopt the resolution with the changes. Ms. Gabry seconded. ‘Vote was as follows: Buechler: Yes Steinhart: Yes Bullock: Yes Sussman: Yes Gabry: Yes Weiss: - Quentzel: Yes Chairman Never Present but not voting - Sacks: - Did not attend hearing