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Town Counsel opinion would, therefore apply to both <br /> cell tower projects currently before the Board. <br /> Town Counsel has further determined that the building <br /> cannot be considered a mount for the tower project being <br /> proposed by -Sea Coast, Inc. <br /> Richard Terry raised concerns regarding the length of <br /> time this could encompass . <br /> The Town Planner stated the Public Hearings can remain <br /> open, and testimony can be taken, a final decision on the <br /> part of the Planning Board cannot be rendered until such <br /> time as the matter of the appeal ha-s been resolved by the <br /> courts . <br /> Public Hearing <br /> Industrial Communications and Electronics, Inc. <br /> The appointed lour having arrived, the Chairman opened <br /> the Public Hearing in this natter. she then entertained a <br /> motion for continuance. <br /> MOTION: Don Myers made a Motion to continue the <br /> Public Hearing in this matter to p.m. ; which Motion <br /> was seconded by Dennis Balarini and so voted unanimously. <br /> Public Hearing <br /> • sea Coa-st, Inc. . P. Richa-rd Joyal <br /> The chairman reconvened the Public Hearing in this <br /> matter recognizing Attorney Michael Dunning, representing <br /> Attorney Sevin Kirrane, counsel fr the Applicant. <br /> Attorney Dunning distributed a copy of letter dated <br /> December 4 , 2002, Ms . Beverly bane, hairman Mashpee <br /> Planning Board, from Attorney Kirrane to each Member of the <br /> Board. <br /> The Chairman an asked if t torn'ey Dunning understood the <br /> position taken on the issue of the fall zone by Town <br /> Counsel . <br /> Attorney Dunning responded, " .es . " "I understand that <br /> that' s what here position was based on what Torts just <br /> indicated.." -He stated however that he feels there seems to <br /> be a preference in theBy-law to make an attempt to locate + <br /> 16 <br />