May 17, 2012

DISCUSSION AUBURN DATA SYSTEMS, LLC — Request to modify application ZB-12-02 Michael Lavigne, Esq., attorney for Auburn Data Systems, approached the podium. Chairman Neuer explained why Mr. Lavigne was at this meeting. He explained that Mr. Lavigne represents the applicant for an application that was denied by this Board. Chairman Neuer explained that the applicant has the right to appeal their decision and, rather than doing that, they want to reduce the number of antennae they were originally proposing from five to two. He said that the applicant is here to amend the original application and needs this Board to reconsider the application because they have the right to do that. The Chairman opened the floor to Mr. Lavigne only in regard to the application for reconsideration. Ms. Weiss asked about the legal ramifications and asked if this was kind of a “re-do” and said that she thought this Board did not do that. Chairman Neuer stated that, in the rules of procedures of the Zoning Board of Adjustment section 6.03, which is entitled “Rehearing”, it justifies the applicant’s request to request a rehearing; the Chairman then read section 6.03 aloud. Chairman Neuer said that they are asking for permission to amend the application and to have the amended application be the subject of a rehearing. Ms. Beirne said that it is enough of an amendment to justify the rehearing. She said that they are asking to install iwo antennas instead of five. Mr. Lavigne began by describing why he was here, reiterating what the Chairman said and detailed what happened at the last hearing. Mr. Lavigne stated that the applicant will prepare a modified application for two dish antennas and install a cabinet within an existing building on the site. He also mentioned that the Board just approved an application similar to this one. Chairman Neuer specifically admonished Mr. Lavigne by declaring that whatever was decided in connection with the other application was not binding on this Board with regard to the Aubum application or amended application. The Chairman then asked if there were any questions from any of the Board members. Mr. Sussman asked what the sizes of the two antennas are that are being proposed compared to the five. Mr. Lavigne said that one will be 8’ and one will be 10”. There were no other questions from the Board. Chairman Neuer asked if any members of the

s are that are being proposed compared to the five. Mr. Lavigne said that one will be 8’ and one will be 10”. There were no other questions from the Board. Chairman Neuer asked if any members of the public had any questions. Mary Ellen Morrow approached the podium and stated she lived at 178 Dezenzo Lane. She asked if there are any maintenance provisions for the tower. Chairman Neuer said that this application is not yet before this Board and the time to ask that question is when they come back. He said that the Board is just approving the request for a rehearing of a modified application. Chairman Neuer closed the hearing and offered his comments. He said that the application the Board just heard and approved was a different set of circumstances. The Chairman stated that the