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• <br /> r. Joyal asked the Board not to penalize his <br /> application/project for being creative. He asked for <br /> reasonability, an understanding of the concept of how this <br /> project care to fruition, merit, and Cape Cod Commission <br /> process/approval . <br /> In conclusion Mr. Joyal stated the o fall zone for <br /> this project has merit, i,t has been proven safe, and a <br /> favorable decision on the Special Permit is granted. <br /> Attorney Dunning requested the Board consider approval <br /> of a -ft. fall zone as a condition in addition to <br /> whatever else the Board determines to be reasonable with <br /> preference to it . He also requested the Board make a <br /> decision tonight, imposing the condition that it be subject <br /> to the resolution of the "other matter" . <br /> The Chairman stated the Board is not in a position to <br /> male a decision this evening. However, the Board will <br /> consider all of the remarks made with regard to this <br /> project, and that the Board will act as fair as possible. <br /> The Town Planner reminded the Board of another issue <br /> for their con iderat-ion, being the By-law requirement for a <br /> - t. treed buffer around the tower where not screened by <br /> buildings . This matter has not yet been addressed by the <br /> Applicant. The Board cannot waive this requirement . <br /> The Chairman asked the Applicant if he would like the <br /> opportunity to respond. <br /> Ir. Joyal stated the site consists of asphalt and <br /> concrete. He feels that the planting of a o-ft. buffer of <br /> trees in these conditions does not make sense . The cape <br /> Cod commiss-ion warred the landscaping requirement in lieu <br /> f the fencing. <br /> The Chairman explained there is a zoning requirement <br /> that the Board cannot waive in this regard. <br /> 1f the By-law requirement is to be respected, <br /> Applicant would have to remove asphalt in order to plant <br /> trees as a buffer. He reiterated the Board could not waive <br /> this requirement, however a variance could be requested <br /> from the Zoning Board of Appeals . <br /> 20 <br />