April 21, 2016

Vice Chairman Buechler stated that the Board can rely on these documents in order to demonstrate that the applicant made every effort to get Public Service to the site as soon as possible. Vice Chairman Buechler said that the Board should not penalize any applicant that is prevented from completing a project because of outside agencies. Vice Chairman Buechler recommended that condition #10 in the adopted resolution should be modified because the applicant made good faith efforts to comply with the condition. Chairman Neuer asked Mr. Williams if the structure is down; he replied yes. Chairman Neuer recommended that the condition should be modified and to extend the completion date to April 21, 2016. Ms. Gabry recommended that the “null and void” statement in the condition also be removed. Mr. Schwarzbaum stated that he concurs and the Board should give the applicant an extension. Vice Chairman Buechler made a motion to modify condition #10 in the resolution; Ms. Gabry seconded the motion to modify the condition. Chairman Neuer asked if any members of the public had any comments. Tal Ben-Zvi approached the podium and stated that he would like to express his thanks to the applicant and to Mr. Williams for bringing down the “eyesore”. He said that it took a long time but he is thankful and that he hopes that they move forward fast and there is a cap on the completion of the project. Mr. Ben-Zvi said that he supports the motion to modify condition #10. The vote was as follows: Buechler Yes Schwarzbaum: Yes DarConte: - Steinhart: Yes Gabry: Yes Sussman: - D. Nash: - Weiss: Yes Quentzel: - Chairman Neuer: - 21