March 27, 2014

APPLICATION(S) 1. ZB-14-01/Communication Infrastructure Corp. Block: 111; Lot: 1.03; Zone: B-2 416 Eagle Rock Avenue “—D” use variance to install two microwave dishes on an existing tower EXHIBITS A-1 - Site map and notes sheet A-01 dated 2/20/14 A-2 — Elevation and antenna detail sheet A-03 dated 2/20/14 James K. Pryor, Esq., attorney for the applicant, approached the podium and detailed the application. He stated that the applicant is proposing to install two antennas on an existing tower on Eagle Rock Avenue. Mr. Pryor stated that the existing structure is designed to hold antennas and because of an existing condition of a prior resolution, the applicant must appear before the Zoning Board of Adjustment. He said that he has provided notice for a use variance, for site plan approval and for the removal of this condition so that future applications, for this particular property, will go before the Planning Board. Vice Chairman Buechler stated for the record that Mr. Pryor is referring to condition #3 on both prior resolutions ZB-08-01 and ZB-07-39 for the Richland Tower site that state no additional antenna will be permitted without further application to the Zoning Board. Vice Chairman Buechler said that the item that did concern him was condition’s #2 of the prior resolution ZB-08-01 and ZB-07-39 regarding the removal of any antenna on the tower that is retired or no longer in service within 90 days following adoption of cach resolution, He said that in the photos there appear to be some antennas not being used at that location. Mr. Neuer said that the applicant’s structural engineer identified four antennas not being used and that the Board was, and should stell be concerned about the abandoned antennas hanging on the tower. Vice Chairman Buechler stated that the property owner is not in compliance with these prior resolution conditions and advised Mr. Pryor to consult with the owner regarding this matter. He said that, legally, this Board can say that this application will not be heard until the owner complies but said that it will be heard tonight and any approval will be contingent upon receiving some form of evidence from the owner stating that the antennas were removed. Vice Chairman Buechler said that no resolution will be issued by this Board if the owner does not comply; Mr. Pryor stated that he understands and will agree to that. Vice

the antennas were removed. Vice Chairman Buechler said that no resolution will be issued by this Board if the owner does not comply; Mr. Pryor stated that he understands and will agree to that. Vice Chairman Buechler said that the Board will determine if this application requires a “D” use variance, which could circumvent most of the testimony, and asked Mr. Grygiel his opinion. Mr. Grygiel stated that his opinion is that no “D” variance is required as stated in his report to the Board. He said that the same issues apply here as on Marcella Avenue and it meets the requirements under the federal laws as long as the tower’s height and set-backs did not change. Mr. Neuer asked Mr. Grygiel if the height of the two dishes being proposed at 260’ and 267’ triggers a “D” variance because they exceed the allowable height of a maximum of 200” in that