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• <br /> Point of order: The Chairman recognized Attorney Myer singer, <br /> Derni sport, who reported the Decision of the Cape Cod <br /> Commission has not yet been finalized as an appeal has been <br /> filed. He suggested it would be premature and out of order for <br /> the Planning Board to consider this matter as the authority of <br /> power as a municipal agency is suspended under the Cape Cod <br /> Commission Act until such time as the Cape Cod Commission <br /> proceedings have been finalized. Reference was made to Attorney <br /> Singer' s letter dated Noveinber 6, 2002, addressed to the Town of <br /> Mashpee Planning- Board. (Copies of said letter were provided to <br /> Planning Board Members for their consideration. <br /> The Town Planner reported there have been discussions with <br /> the Commission and Staff has reviewed the Statutes in order to <br /> make recommendat-ions to the Board. <br /> The Chairman recognized the Town Planner who reported the <br /> Cape Cod ommission has issued a final decision, which has been <br /> appealed. Commission regulations rule that Planning Board review <br /> period resumes after a final Commission decision is rendered, <br /> which has been done. The Planning Board cannot issue a permit <br /> until such time as the appeal has been resolved. <br /> Mr. Fudala stated his belief., as well as that of the <br /> Commission staff, based upon a court case (Daddario, Falmouth) to <br /> be that unless this Hearing is opened, the Planning Board will be <br /> placed in a position of constructive approval .. However, -until <br /> the appeal in this matter has been resolved, the Planning Board <br /> cannot make a decision on the Special Permits. The Public <br /> Hearings will have to be continued until such time as the appeal <br /> has been resolved. <br /> Mr. Fudala recommended the Hearing process be initiated in <br /> order to avoid constructive approval; no decision may be rendered <br /> or Special Permit issued until the appeal matter has been <br /> settled. <br /> Richard 'Terry asked for Applicant response. Attorney Tenney <br /> agreed that the Planning Board should proceed with the Hearing; <br /> that the appropriate procedure to stop the Hearing would have <br /> been to file an injunction, which has not been done, He stated <br /> his intent to review the Daddario decision. <br /> Steve Dolan inquired as tO Mr. Watt ' s interest in this <br /> matter. Attorney Singer replied that Mr. Watt ' s owns property in <br /> Sandwich, has an application pending in Sandwich requesting <br /> approval to construct a communications tower. Also, his client <br /> feels the Cape Cod Commission has an obligation under their <br /> review procedure to compare and contrast all of the alternatives, <br /> which they have not done. If the Board decides to move forward <br /> this evening, Attorney Singer stated he would request all <br /> alternatives be reviewed and considered before a reasonable <br /> decision is rendered regarding the number of towers, if any, are <br /> - - <br />