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Case 1:19-cv-12333 Document 1-4 Filed 11/13/19 Page 18 of 43 <br /> Regarding the Board hiring an RF engineer,Ms.Thompson respectively requested that the Board <br /> waive the requirement as.another review would be duplicative and excessive since an initial review <br /> was completed independently for the Cape Cod Commission. Should the Board choose to tiire an RF <br /> engineer,the project proponent would only allow-to a limited amount of funds. In reference to public <br /> comment made,the RF engineer would not review the coverage maps and would only consider <br /> documentation related to FCC-standard guidelines. The Chair stated that the Board was allowed to <br /> hire a consultant as it related to a Special Permit application. Ms.Thompson responded that wireless <br /> Special Permits were limited specifically to an RF engineer and suggested consultation with Town <br /> Counsel. The Chair stated that she had been in contact with Town Counsel, The Chair inquired <br /> whether the Board wished to hire a consultant. Mr.Phelan inquired whether the information was <br /> already contained in the packet'and the Chair responded that they had been in receipt of the Isotropes <br /> Analysis that reviewed a similar project. Ms.Thompson clarified that they had submitted voluminous <br /> information responding to Mr.Maxim's report,adding that his findings could be found in the DRI <br /> decision. There was consensus not to hire a consultant. <br /> MOTION: Mr.Balzarini made a motion to continue the Public Hearing to Wednesday,October <br /> 2 at 7:20 p.m. Mr. Cummings seconded the motion. All voted unanimously. <br /> Mr.Phelan asked that all information be forwarded to the Board and Mr.Lehrer responded that all <br /> exhibits and documents would be added to their binders. Exhibits would also be added to the website. <br /> A recess was taken at 10:13 p.m. and the meeting reconvened at 10:20 p.m. <br /> 7:30 p.m. Modi,LLC Application for Special Permit to Construct Coffee Shop with Facilities <br /> for Processing.and Packaging Coffee,with Future Industrial Tenant at 10 <br /> Evergreen Circle,Lot B (Map 19 Block 10)Located in the C-3 Zoning District, <br /> within the Light Industrial Overlay District <br /> The appointed time having arrived,the Chair opened the Public Hearing and read the request-from <br /> Modi,LLC. Kevin Kirrane, attorney, and Patrick Johnson from Atlantic Engineering were present to <br /> represent the project proponent for this Special Permit request. Mr, Kirrane stated that some changes <br /> had been made to their plans,at the request of abutters, including the retention of a 100 foot <br /> undisturbed buffer between the proposed facility and the nearest abutters. In addition,the outside <br /> seating area would be screened with a 6 foot fence, as shown on the plan. .Concerns expressed <br /> previously have been addressed and the project would conform to the requirements of the Bylaw. <br /> The Chair inquired about the right angle of the fence,which at the corner changed into a split rail <br /> fence, as requested. A retaining wall would protect a hole,which would remain in a natural <br /> undisturbed state,with the lot maintaining a 26%natural state. <br /> Mr,Balzarini stated that the.project would be a family-friendly asset to the Town. Mr.Kirrane stated <br /> that a summary was provided demonstrating how the building would conform to the design guidelines <br /> set by the Cape Cod Commission. <br /> Mr.Phelan felt that issues seemed to be addressed and he had no further concerns and Mr. Callahan <br /> agreed. <br /> 12 <br />