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The Chairman requested this information in writing. <br /> The Town Planner reminded the Board that Mr. Wheeler is the <br /> Zoning Enforcement officer, not the person who decides whether or <br /> not a Special Permit i issued, which determination is made by <br /> the Planning Board. <br /> Attorney Kirrane argued however that Mr. Wheeler is the <br /> officer- who interprets/enforces the provisions of the zoning - <br /> law. He further stated his disagreement with the opinion of the <br /> Planning Department as it relates to whether or not conformance <br /> to a► fall zone requirement in connection with this proposal is <br /> required. Engineering data has been provided to the Planning <br /> Department which demonstrates that a reduction in the fall zone <br /> has been requested to one-half as permissible under the By-law. <br /> Said request having been made for reduction of the 7 -ft. murk. <br /> Documentation- has been provided to the Town through the <br /> application process which clearly demonstrates that there would <br /> be no failure the pole which would fall beyond the 7 -f t. <br /> area. In addition, the equipment being used for the project is <br /> situated inside the existing building. Said building operates as <br /> the equipment shelter in which case the By-law indicates set back <br /> from an existing shelter is not necessary. The use of the <br /> building this is being connected to and the use of the area is t <br /> be used strictly for dry storage of burial vaults. There is no <br /> office or any other type of activity other than the dry storage. <br /> Letters have been provided from the owner of the structure, <br /> building and site relative to the use of the structure. <br /> Applicant believes there is no pudic hazard/public safety issue <br /> as it relates to the location of the tower. <br /> Dennis Balzarini asked if the tower would be expected t <br /> break at half-way distance regardless of the circumstances. <br /> W. Joyal responded he would be able -t o have the tower <br /> designed to fail at a point that would meet the Board' s comfort. <br /> Attorney Kirrane concluded his presentation at this point, <br /> requesting the Board recognize M . Joyal . <br /> Laving been duly recognized by the Chairman, Mr. Joyal <br /> expressed his desire to clear up some miscommunicat-ions and <br /> misperceptions that have occurred throughout the process. His <br /> intent being to leave the Board with a clear, concise, and <br /> factual representation of the project and hoer it will benefit <br /> the Town. <br /> Mr. Joyal proceeded to review twelve 1 questions he <br /> prepared for the Board invi-ting them to interject wherever they <br /> deemed necessary. <br /> The first issue being that of a variance, which he did not <br /> expound on as the previous speaker had addressed the matter <br /> adequately. -1 <br />