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Case 1:19-cv-12333 Document 1-4 Filed 11/13/19 Page 28 of 43 <br /> continue the deliberations to another night. Ms.Thompson stated that they would not agree to another <br /> continuance because they had presented their case and answered all questions posed. <br /> Mr. BaIzarini inquired about the 22 sites referenced for review and Ms. Thompson responded that the <br /> Town's RFP put forward one location and had no bearing on the review of sites•considered by the <br /> service providers. <br /> There were no additional•comments from Board members. <br /> Chairman Waygan stated that she would like to ask for advice from Town Counsel regarding keeping <br /> the public hearing open until the appeal of the ZBA decision was heard by the Court. Ms, Thompson <br /> asked to comment but the Chair requested that there first be discussion among Board members. The <br /> Chair stated that once the Public Hearing was closed,they would be unable to consult with Town <br /> Counsel and she felt it was not unreasonable and would be good advice to receive from Town Counsel, <br /> Mr.Balzarini stated he wished to read Ms. Thompson's memorandum and the Chair stated she wished <br /> to review the 400 page NEPA report. Mr. Callahan stated that the appeal process was separate from <br /> the Planning Board's decision. The Chair stated that, in the past,the Planning Board had kept open <br /> Special Permit Public Hearings that were related to a court case. The Chair added that the project <br /> proponent was citing Federal law and the Federal Telecommunications Act to act quickly.•The Chair <br /> wished to draft a letter to the Town Manager to pose the question to Town Counsel whether the <br /> hearing could remain open, if the hearing was closed, the Board could continue to deliberate but could <br /> not take in any additional information or ask any additional questions. Mr. Phelan stated that the <br /> Planning Board needed to do their due diligence and read the necessary information as soon as <br /> possible, adding that he had read all of the information because it was provided before the meeting. <br /> Mr.Phelan added that any project proponent deserved the consideration, and the memorandum had <br /> been sent prior to the meeting in order to answer the questions asked at the last meeting, <br /> The Chair inquired whether there was a motion to'authorize the Chair to place,a request for Town <br /> Counsel to keep the public hearing open until the court case was complete. Mr.Phelan stated that the <br /> matters were separate and if the ZBA decision failed in court,the project proponent would only be <br /> allowed to build a 36 foot tower, Mr.Phelan asked for a vote. <br /> The Chair recognized individuals who sent in letters to include: Support-Nancy Noonan,Janet <br /> Shlemigan,Mary Ann Brennan Newcomb; Concerns-Barry and Jewel Blake,regarding the Horatio <br /> Amos House. Ms.Thompson Stated that the findings in the NEPA report on page 46 confirmed that <br /> there were was no visual impact. Ms.Thompson added that there was also a summary of findings <br /> available,and agreed with Mr.Phelan that there was a responsibility with the Board and the applicant <br /> to review the information provided. Ms.Thompson reiterated that the applicant would not be agreeing <br /> to a continuance. <br /> Sharon Muller was recognized by the Chair and stated that she lived next door to the Horatio Amos <br /> House,adding that when she r6viewed the balloon photos with Mr.Lehrer one year ago,she found the <br /> balloon visible. Mr.Lehrer stated that the exhibits were included in the record.. Ms.Muller also <br /> inquired about emissions and safety checks, and suggested that there should be conditions to ensure <br /> that there would be no emission problems. Ms.Thompson stated that Photo#8 included the Horatio . <br /> 8 • <br />