11/20/2002 PLANNING BOARD Minutes

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As part of the application process Attorney Kirrane explained a Waiver for~ crane testing has been submitted, as well as plans to construct a pole 150 ft . in height which mould require Board approval . Attorney Kirrane addressed concerns raised by the Assistant Town Planner rewarding possible zoning Board of Appeals variance. He directed the Board to a copy of his letter addressed to the Zoning Enforcement Officer Building Inspector of the Town as it relates to Applicant' s position concerning variance relief (all as submitted as part of the written presentation provided to the Board) . Due to the fact that this particular facility is being mounted to and made a part of an existing structure, conformance to the fall zone setback requirement contained within the By-law, which provides for an exemption, Applicant is of the opinion that variance relief is not required for this proposal . Richard Terry asked for the Town Planner' s opinion, asking if he was in agreement with the previous speaker' s statement. The Town Planner responded, "Not at all . " "It is not mounted on any structure. Q Attorney Kirrane stated engineering documentation has been submitted to the Building Department regarding how the existing foundation of the building is being tied into the foundation of the structure being proposed. He stated, "It is a structure. " "It is a combination of material that is assembled on the around. " "It qualifies as a structure, it meets the requirements as defined in theBy-law, and it is becoming part of that building by virtue of the fact that it is being tied directly into. . .our foundation is being tied directly into the foundation of this building that exists . " The Town Planner responded, "It is not being mounted on the building. " "It is a new structure. " The Chairman asked for clarification of Attorney Kir `ane' s position, "You are going to build a foundation that connects the existing building to put this tar on and you are calling that mounting on the building " Attorney Kirrane responded, "That is correct. . .that is correct. " The Chairman then asked if there has been any correspondence received from Mr. Wheeler indicating he is in agreement that a variance relief is deemed unnecessary. Attorney Kirrane responded, "I submitted something to 1r. Wheeler. " "I had discussion with Mr. Wheeler about that and was advised by Mr. Wheeler that in his opinion we would not require a variance from the Zoning Board of Appeals. " _1 .