12/04/2002 PLANNING BOARD Minutes

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The Chairman then entertained a motion in this matter. MOTION: Don Myers made a Motion to recommend approval of this Article which would restore the lot coverage to 2 ; which Motion was seconded by Dennis Bal arini and so voted unanimously. The Town Planner made reference to the third Article stating it is simply a numbering change, in order to eliminate a duplication of numbers . The Chairman entertained a motion in this matter. MOTION: Don Myers made a Motion to recommend approval of this Article as written; which Motion was seconded by Dennis Bal arini and so voted unanimously. Public Hearing Sea Coast, Inc. G. P. /Richard Joyal 90 Echo Road - Assessors Map 19, Block Approval of Special Permit Application for Construction Of Wireless Communications Tower - Filed March 11, Zoo Continued from November 20, 2002 The Town Planner reported on Torn Counsel opinion on a number of issues in this matter: Whether or not the Board could issue a Special Permit while there is an appeal of the DRI is pending in the courts; and whether or not Town Counsel 'Interpreted the ,issue of a required fall zone; and whether or not this tower is mounted on the building. There has been verbal response from Town Counsel, which should be followed by a e-mail, which has not yet been received. Town Counsel has determined the Decision will not b'e final until such time as the court issue has been resolved. Because the Hearing has been opened, the Board cannot issue decision until the court issue has been resolved. The Act states that D I approval is valid and local permits may be issued for a period of seven (7) Mears following the final Decision of the cape Cod Commission. Said seven- (7) year period does not begin until after any appeal made to the courts has been resolved. Therefore, the Planning Board cannot act until such time as the appeal in this matter has been resolved. The Public Hearing can remain open and testimony may be taken. 1