02/13/2019 ZONING BOARD OF APPEALS Minutes

Home Browse Search

MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES FEBRUARY 13,2019 Mr. Brown, Verizon Wireless said that there is never going to be a signal in site that will fill every single spot in Town. Additional height will not provide enough improvement. The FAA will be involved if the height approaches 200 ft. Small cells as stand-alone would not provide enough coverage. Mr. Furbush recited the M.G.L. 40A Sec. 10. "applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, 1) a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant." Mr. Furbush believes that it's important to determine which Variance is required, and he believes it is topography. He said there's hills in the way, there's a lower area. He thinks this is the basis of the topography issue. Attorney Thompson responded under the Massachusetts the Massachusetts Zoning Act, G.L. c. 40A, §10 Variance Law she certainly would submit that topography makes it challenging to necessitate the height as one of the many reasons. In addition with the configuration of a cell site it has to be particularly located at a height in a particular area, and based upon the topography in this area it necessitates 150 ft. in order to accomplish the goal of filling that coverage gap. There were no more comments from the Board or audience. Mr. Furbush asked for a motion. Mr. Blaisdell announced that when any Zoning Board motion is made,the motion is made in the positive for acceptance of an application. After the motion is made, then a vote is taken by the Board. The positive motion, is either a yes or no vote. Mr. Furbush announced that Brad Pittsley will be the alternate on this hearing. Mr. Blaisdell made a motion to approve the Variance for 101 Red Brook Road Petitioners, Blue Sky Towers II, LLC request a Variance under all provisions of§174-45.3 (E) (1) and §174-45.3 (E) (2), of the Zoning Bylaws, and M.G.L. 40A §10 to allow for a Personal Wireless Service Facility on property located in an R-3 Zoning District,Map 104 Parcel 2, Mashpee, MA. The Board has determined that the applicant meets all the conditions of a VARIANCE for the height of 150 feet under Mass General Law 40A Section 10 based on the following: Hardship: • The issue here is a topographical hardship due to the valleys and hills which require the necessary height in order that the tower can be usable, thus effective. 9