02/13/2019 ZONING BOARD OF APPEALS ZBA Decision

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MASHPEE ZONING BOARD OF APPEALS DECISION FOR A VARIANCE Blue Sky Towers II, LLC 101 Red Brook Road (Map 104 Parcel 2) Mashpee, MA 02649 V-2019-10 The ZBA is reviewing the height variance for the tower. The higher the tower, the less chance of exposure. BOH recommends approval as presented." In view of the foregoing, the Board determined the Petitioner met the criteria for a Variance. Upon motion duly made and seconded at the Public Hearings on Wednesday, February 13, 2019, the Zoning Board of Appeals voted unanimously to issue a Variance for 101 Red Brook Road, Petitioners, Blue Sky Towers II, LLC request for 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 based on the following conditions: 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. • The reason for the height requested is that the tower has to be usable. It has to be taller than the surrounding tree line canopy which is part of the topography issue, therefore the request of 150 feet. • The literal enforcement of the bylaw would prevent addressing a known condition of a gap in cellphone coverage in the southern part of the Town of Mashpee. There are court decisions which state that preventing the closing of significant gaps in the availability of wireless service violates the Federal Telecommunications Act regarding the construction and placement of wireless towers. • The applicant has demonstrated that the proposed height of the cell tower will significantly close this gap. • The question to be asked and has been asked and answered is "Will the proposed variance be a substantial determent to the public good?" Letters from our first responders (the police and fire departments) have clearly demonstrated a need for this coverage. This is not a determent but, in fact, a positive effect on the public because of its ability to assist the first responder's ability to serve and protect our public in a time of need. 6