02/13/2013 ZONING BOARD OF APPEALS Decision

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MASHPEE ZONING BOARD OF APPEALS SBA Properties, Inc. 5900 Broken Sound Parkway,NW Boca Raton,FL 33487 RE: 154 Industrial Drive (Map 88 Parcel 31) Mashpee, MA 02649 SP-2013-02 WRITTEN FINDINGS: A Noise Study Report submitted to the Petitioner signed by Ian F. Ormesher, Director of Profile Marketing Associates, for the Permit Renewal: SBA Tower MA 04781 Mashpee site showing noise measurements taken over the period 1 February to 6 February 2013. This report includes a statement signed and certified by Michael Bahtlarian, INCE Board Certified Acoustical Engineer,to the Board based on the Zoning Bylaws of the Town of Mashpee: Article IX#174-45.3 Personal Wireless Service Facilities; "Noise Requirement'. The report also includes an analysis of equipment that may be installed by AT&T and Metro PCS in the foreseeable future. The report concludes that the installation of this equipment will not increase the level of noise emitted from the facility. A Radiofrequency Radiation Standard Report submitted to the Petitioner signed by Ian F. Ormesher, Director of Profile Marketing Associates, for the Permit Renewal: SBA Tower MA04781 based on the Zoning Bylaws of the Town of Mashpee: Article IX #174-45.3 Personal Wireless Service Facilities; The report is signed and certified by Registered Professional Engineer Paul Dugan, "stating that each of the wireless carriers collocated on this tower is in compliance with the FCC requirements for allowable frequencies, power levels and exposure limits for radiation. At the height the antennas are mounted, they qualify as "categorically excluded" and no further revaluation is required. It is important to emphasize that the categorical exclusions are NOT exclusions from compliance but, rather exclusions from performing routine evaluations to demonstrate compliance." In view of the foregoing, the Board determined that the Petition met the criteria for a Special Permit. Upon motion duly made and seconded at the Public Hearing on February 13, 2013,the Zoning Board of Appeals voted unanimously to grant a Special Permit to allow for the proposal. This Decision is contingent upon compliance with the following: The Written Decision filed on March 23, 1998 with the Town Clerk of Mashpee, filed with the Barnstable Registry of Deeds on April 23, 1998, Bk: 11377-084 28226 is attached and will remain with this permit upon renewal through 2028. This request is in compliance with the conditions of 1997 ZBA Decision which expires on March 23, 2013. This is conditioned upon the Petitioner posting a $25,000 bond to be held by the Town of Mashpee for potential removal of this tower. This Decision is conditioned upon compliance with plan done for SBA Communications Corporation, One Research Drive Suite 200 C, Westborough, MA 01581, and by Infingy Design Build Deliver, stamped by Commonwealth of Massachusetts, signed by Chris J. Warren, Registered Professional Engineer on December 10, 2012. The drawing is dated December 7, 2012. This extension is for another 15 years, through 2028. 2