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Property based upon a proposal submitted in response to the RFP. <br /> 11. The location of the proposed cellular tower was based upon the RFP and not <br /> pursuant to an examination of coverage areas and coverage gaps within Mashpee. <br /> 12. A petition was filed with the ZBA on January 10, 2019, by Blue Sky Towers II, <br /> LLC ("Blue Sky") requesting a dimensional variance for the construction of a tower which <br /> is at least 116 feet higher than that which is allowed under the Mashpee Zoning bylaw. <br /> 13. On or about February 13, 2019, the ZBA held a hearing on the petition of Blue <br /> Sky. <br /> 14. At the close of the hearing, the ZBA voted unanimously to grant the variance to <br /> Blue Sky. <br /> 15. A copy of that decision is attached as Exhibit One. <br /> 16. GL ch. 40A, Sec. 10 provides that a variance may be granted when "such <br /> circumstances relating to the soil conditions, shape, or topography of such land or <br /> structures and especially affecting such land or structures but not affecting generally the <br /> zoning district in which it is located a literal enforcement of the provisions of the <br /> ordinance or by-law would involve substantial hardship, financial or otherwise." <br /> 17. The evidence submitted to the ZBA and the findings do not demonstrate the <br /> 4 <br />