Laserfiche WebLink
i t \ <br /> W�ull,ry. <br /> Town of Nashpee <br /> L4✓ 1\`�i <br /> 3 <br /> BOARD OF APPEALS16 Great JVeck 1(oad dkorth <br /> T pIE�W <br /> Mashpee, Massachusetts 02649 <br /> DECISION FOR A SPECIAL PERMIT <br /> RE: Mashpee Industrial Park Trust - Telecommunications Tower 154 Industrial Drive <br /> Paul DeRuyter, Trustee -SP-97-70 Map 88, Block 31 <br /> A Petition was filed on September 30, 1997, by the Mashpee Industrial Park Trust, Paul <br /> DeRuyter, Trustee, for a special permit pursuant to Sections 174-25B(6), D(5), H(6), to allow for <br /> construction of a 250' radio telecommunications facility and an associated 24'x 48' equipment <br /> building. The property is located in an I-1 zoning district at 154 Industrial Drive (Map 88, Block <br /> 31)Mashpee, Massachusetts, and is shown as Lot 28 on a subdivision plan recorded in Plan Book <br /> 411, Page 73. The original application was filed by Sprint Spectrum and modified on January 14, <br /> 1998 to change the applicant to Mashpee Industrial Park Trust. <br /> Notice was duly given to abutters in accordance with Massachusetts General Laws, <br /> Chapter 40A. Notice was given by publication in the Mashpee Enterprise, a newspaper of general <br /> circulation in the Town of Mashpee on October 24 and October 31, 1997, a copy of which is <br /> attached hereto and made a part hereof. A public hearing was held on the petition at the Mashpee <br /> Town Hall on Wednesday,November 12, 1997 and was continued on January 14, 1998 and <br /> further continued to March 11, 1998, at which time the following members of the Board of <br /> Appeals were present and acting throughout Edward M. Govoni, Cheryl A. Hawver and James <br /> M. Dorgan. <br /> This decision is issued by the Mashpee Board of Appeals pursuant to the provisions of <br /> Massachusetts General Laws, Chapter 40A, §9 and the Town of Mashpee Zoning Bylaws. <br /> Attorney Patrick M. Butler represented the Applicant and provided background regarding <br /> the Development Agreement entered into by and between the Mashpee Industrial Park Trust and <br /> the Cape Cod Commission. Mr. Butler further described the site plan and indicated that the use <br /> as a telecommunications facility was an allowed use under the prepermitted provisions of the <br /> Development Agreement. Mr. Butler reviewed in particular Lot 28 as identified by the Cape Cod <br /> Commission staff as having sensitive characteristics for wildlife habitat protection. As a result, <br /> the Applicant chose this lot for construction of the radio telecommunications tower so as to <br /> minimize impact on open space and habitat protection. Mr. Butler indicated that the site will <br /> retain 92.3% of its open space following construction, and that there will be no waste water <br /> disposal in that no bathrooms or water will be present on the site. This is also in conformance <br /> with the provisions of the Development Agreement. <br /> Testimony was given by consultants for the Applicant that the tower had been designed so <br /> as to have no interference with existing telecommunications facilities located within the park, also <br /> required by the Development Agreement and to allow for co-location of multiple users in <br /> conformance with the Cape Cod Commission standards. The Applicant also addressed the issue <br />