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• <br /> Tara Calabrese clarified that due to the l -ft. <br /> height restriction, they will be side mounted, running up. <br /> through the actual. antenna. <br /> Attorney Kenney requested the Board formally vote on <br /> the l -ft. height. <br /> The Chairman entertained a motion be rna�de to reaffirm <br /> the earlier vote in this regard. <br /> MOTION: Richard Terry made a Motion to approve an <br /> increase to the height requirement to t o-ft . ; which Motion <br /> was seconded by Dennis Bal arini and so voted unanimously. <br /> Attorney Kenney asked whether or not the Board has the <br /> authority -to move forward. He asked if Applicant would be <br /> allowed to submit a memorandum to Town Counsel stating <br /> their position, including the issue of constructive grant. <br /> Attorney Kenney stated his personal opinion that if <br /> the Planning Board ,is prohibited from raking a decision, <br /> the Board would also be prohibited from conducting these <br /> Public Hearings . He feels the Board has a right to dear <br /> testimony and reach a decision. He feels this project can <br /> be approved subject to resolution of the appeal on the DRI <br /> decision. <br /> The Chairman stated her desire to review the written <br /> decision determined by Town Counsel . <br /> The Town Planner volunteered to provide Town Counsel, <br /> Elizabeth Lane, with Attorney Ienne.y' s phone number in the <br /> event she is interested in his input. <br /> Attorney Kenney further stated his desire to involve <br /> the Commission Counsel as well. <br /> Don Dyers suggested this same opportunity be provided <br /> to the previous Applicant., Sea Coast, Inc. <br /> The Town Planner agreed to provide Attorney Kirrane' s <br /> telephone number as well. <br /> With regard to lighting of the tower, the Town Planner <br /> suggested Applicant consider some type of shield lighting <br /> which would be visible from the air. <br /> 24 <br />