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MASHPEE ZONING BOARD OF APPEALS <br /> MEETING MINUTES <br /> FEBRUARY 13,2019 <br /> • The reason for the height requested is that the tower has to be usable. It has to be <br /> taller than the surrounding tree line canopy which is part of the topography issue, <br /> therefore the request of 150 feet. <br /> • The literal enforcement of the bylaw would prevent addressing a known condition <br /> of a gap in cellphone coverage in the southern part of the Town of Mashpee. There <br /> are court decisions which state that preventing the closing of significant gaps in the <br /> availability of wireless service violates the Federal Telecommunications Act <br /> regarding the construction and placement of wireless towers. <br /> • The applicant has demonstrated that the proposed height of the cell tower will <br /> significantly close this gap. <br /> • The question to be asked and has been asked and answered is "Will the proposed <br /> variance be a substantial determent to the public good?" Letters from our first <br /> responders (the police and fire departments) have clearly demonstrated a need for <br /> this coverage. This is not a determent but, in fact, a positive effect on the public <br /> because of its ability to assist the first responder's ability to serve and protect our <br /> public in a time of need. We also have letters from our local residents which show <br /> the medical need for this tower and,therefore, it has been clearly demonstrated that <br /> advancements in medical technology need a cell tower to deliver an internet <br /> connection,in which it provides the lifesaving monitoring that only a cell tower can <br /> provide. It should also be noted that radio waves cannot be the basis for a denial for <br /> a variance. <br /> • It has been established that there is a substantial gap in the coverage in the southern <br /> part of the Town of Mashpee. <br /> • That the location of the proposed tower will significantly close this gap. <br /> • That the proposed height is not excessive but is high enough to address the <br /> topographical impediments to provide the necessary coverage. <br /> • That the letters from our first responders and local residents have demonstrated that <br /> there is a need for this tower to provide for the safety for our citizens. <br /> • It has been stated that medical technology has evolved to use the internet to <br /> monitor their patients and this cannot happen without a cell tower. <br /> 10 <br />