May 17, 2012

required. She said that this is the only variance they are asking for and no other variances are required, Ms. Adar said that the applicant will comply with all of the conditions required for an additional second use. She detailed the positive criteria and said that this will promote public health safety and welfare. Ms. Adar stated that the applicant is an FCC licensee and is licensed to provide communication services to the general public and to financial institutions. She said that these dishes are capable of receiving and transmitting very large data and are better than fiber optic because the transmission is better. Ms. Adar stated that the tower is already in existence and that the dishes will be much lower than the top of the tower, approximately half of the height of the tower, and they will not change the visibility. Ms. Adar continued by saying that the reason they chose this location is because it is in the direct path that is needed for the transmission. She said that it is very difficult to find a tower that is appropriate for this technology because of the height. Ms. Adar also stated that the reason why this location is perfect and this facility was chosen is because there is no line of sight obstruction. Ms. Adar detailed the negative criteria stating that this installation will provide services to many institutions and will not have any adverse affects on health. She said that there will not be any noise traffic and will have minimal visible impact. Ms. Adar presented photo boards and stated that she wants to submit these photos that she took because they were not submitted with the application. Chairman Neuer asked Ms. Adar if she took these photos herself and prepared the boards without anyone else working on them with her and whether they fairly and accurately depicted the conditions which existed on the site on the dates of the photos; Ms. Adar replied yes. Chairman Neuer asked to have the photo simulations marked as Exhibit A5, in evidence and Ms. Adar’s report, dated 2/2/12, marked as Exhibit A6, in evidence, Ms. Adar presented enlarged photo simulations on another board. The Chairman asked to have them marked as Exhibits A7 a,b,c. Ms. Adar detailed what is depicted in these photos. Ms. Adar presented an aerial photo. The Chairman asked her if that was part of the AS package and she replied yes. He asked to have the aerial photo

s. Adar detailed what is depicted in these photos. Ms. Adar presented an aerial photo. The Chairman asked her if that was part of the AS package and she replied yes. He asked to have the aerial photo marked as Exhibit A8, in evidence as part of Exhibit AS. Ms. Adar detailed what was in this photo. Ms. Adar presented another set of photos stating that the dishes are not visible in these photos. She said that the first photo was an aerial photo taken from the Eagle Ridge development. Chairman Neuer asked to have the aerial photo marked as Exhibit A9 for identification, not in evidence. Ms. Adar then presented five (5) photos that were taken from Eagle Ridge. Chairman asked to have the five (5) photos marked as Exhibit A10, for identification. He asked Ms. Adar if they were photo simulations. Ms. Adar said that they are straight photos; not simulations. She said that two of the photos show a dash line where the dishes would be placed but other than that one item these are straight photos and not simulations. Ms. Adar went on to describe where they were taken from and what were in the photos. Chairman Neuer asked Ms. Adar if the photos accurately depict the conditions at the time they were taken and she replied yet.