02/13/2013 ZONING BOARD OF APPEALS Decision

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7- `' Ell- = 1 I-9 7 7--08b i3 Board of Appeals Mashpee Industrial Park TR. - Telecommunications Tower 3. quality and will not add significant adverse impacts on wildlife habitat, estuarian system,traffic flow and safety. 6. the Board found that the use of the property as proposed will result in no waste water impact,in accordance with the Development Agreement and will result in the retention of 92,3%of the open space currently located on the lot. 7. The initiation of Phase 1 under the Development Agreement will trigger the funding of the off site traffic mitigation escrow account, conform with open space requirements, result in the placement of monitoring wells and impose limitations and conditions to improve site conditions. 8. The design criteria submitted by tTNR-ROHN and Coastal Engineering Company, Inc. on behalf of the Applicant indicate that the tower will be built in accordance with ANSI-EIA-222-E standards and that the tower can be designed to provide for failure at the 150 to 160 foot level in the event of a catastrophic wind(in excess of 140 miles per hour),which will result in a fall zone of within 100 feet from the tower base,within the current property line. The Board further finds that the engineering specifications provided by the Applicant confirm that the tower will be designed to with stand winds up to 140 miles per hour with a 1/2 inch encasement of ice over the entire tower and associated structures. 9. The Applicant has submitted diagrams indicating anticipated location of potential users,which users shall total no more than 20 at any time,and which will involve use of dishes,whips, antennas and poles attached to the tower. (Not including municipal and public users given free use by the Applicant.) For the foregoing reasons,the Board determined that the Applicant met the criteria necessary to grant a special permit. Upon a motion duly made and seconded the Board of Appeals voted unanimously on March 11, 1998,to grant the special permit with the following conditions: 1. The Applicant will provide a letter of confirmation to the Board of Appeals that all mitigation funds collected under the Development Agreement will be utilized within the Town of Mashpee. 2. Construction of the tower and the associated building and user equipment shall comply with the plans prepared by James R.Borrebach,Professional Engineer dated December 4, 1997, and as revised dated December 17, 1997, (collectively, the "Facility"), (which may include antennas and poles to a height of 20 feet attached to the tower), as well as microwave dishes. 5