February 18, 2016

Chairman Neuer stated many years ago he represented the Essex Green Shopping Center and appeared before the Planning Board for a sign package for Sears that was approved. He said four months later, they still did not have a lease, and he found out that the Chicago hierarchy for Sears adopted a new sign package and said they would not sign the lease unless the new sign package was approved. Chairman Neuer stated that he had to come back before the Planning Board to explain that the applicant could not get the lease signed unless the new sign package is approved and the Board then approved it as a changed circumstance. Chairman Neuer said that if there is a lease that stipulates that LA Fitness mandates a monument sign is to be erected then the applicant can show the lease to the Board. He said there has to be something to justify the applicant coming back before the Board asking for a monument sign. Chairman Neuer said that there is no reason why the application presented to the Board in 2013 should not have included the monument sign. Vice Chairman Buechler said that his initial concern is that during the September 12, 2013 hearing it was specifically asked by himself if they would be erecting a monument sign and the reply was no and during the October 28, 2013 hearing he asked Mr. Burgis and he said that he did not know. He said this is about policy of what is better zoning use as to how the Board considers applications. Mr. Regan said he understands and there may be a requirement in the lease, but he does not have the lease with him this evening. Mr. Sussman stated that he recollects that this is a build to suit for a LA Fitness and not just a health club; Mr. Regan said yes it is. Mr. Sussman said that the applicant would have been aware in 2013 what signs were required for the LA Fitness. Mr. Regan said that he does not think the lease was finalized at the time they appeared before the Board in 2013 but he would have to verify that. Mr. Regan said that he would like to consult with his client. Chairman Neuer adjourned the Prism application so that Mr. Regan could consult with his client for approximately ten (10) minutes or fifteen (15) minutes. Chairman Neuer addressed the Board and said that over the past month or so there has been correspondence regarding the way certain notices have been given as well as requests for subpoenas and other

Chairman Neuer addressed the Board and said that over the past month or so there has been correspondence regarding the way certain notices have been given as well as requests for subpoenas and other procedural matters. He said as per his discussion with Ms. .Beirne, the Board legal counsel, this is something that each Board Member should be aware of because this might lead to litigation and under the Sunshine Law they would have the right to discuss it in executive session. Chairman Neuer moved to adjourn to executive session; Vice Chairman Buechler seconded the motion to move to executive session.