11/12/1997 ZONING BOARD OF APPEAL Decisions

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Tolman ofNashpee 16 Great Neck Aoad JVorth �,E��• BOARD OF APPEALS Mashpee, Massachusetts 02649 DECISION FOR A SPECIAL PERMIT RE: Mashpee Industrial Park Trust - Telecommunications Tower 154 Industrial Drive Paul DeRuyter, Trustee -SP-97-70 Map 88, Block 31 A Petition was filed on September 30, 1997, by the Mashpee Industrial Park Trust,Paul DeRuyter, Trustee, for a special permit pursuant to Sections 174-25B(6), D(5), H(6), to allow for construction of a 250' radio telecommunications facility and an associated 24'x 48' equipment building. The property is located in an I-I zoning district at 154 Industrial Drive (Map 88, Block 31)Mashpee, Massachusetts, and is shown as Lot 28 on a subdivision plan recorded in Plan Book 411, Page 73. The original application was filed by Sprint Spectrum and modified on January 14, 1998 to change the applicant to Mashpee Industrial Park Trust. Notice was duly given to abutters in accordance with Massachusetts General Laws, Chapter 40A. Notice was given by publication in the Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee on October 24 and October 31, 1997, a copy of which is attached hereto and made a part hereof. A public hearing was held on the petition at the Mashpee Town Hall on Wednesday, November 12, 1997 and was continued on January 14, 1998 and further continued to March 11, 1998, at which time the following members of the Board of Appeals were present and acting throughout Edward M. Govoni, Cheryl A. Hawver and James M. Dorgan. This decision is issued by the Mashpee Board of Appeals pursuant to the provisions of Massachusetts General Laws, Chapter 40A, §9 and the Town of Mashpee Zoning Bylaws. Attorney Patrick M. Butler represented the Applicant and provided background regarding the Development Agreement entered into by and between the Mashpee Industrial Park Trust and the Cape Cod Commission. Mr. Butler further described the site plan and indicated that the use as a telecommunications facility was an allowed use under the prepermitted provisions of the Development Agreement. Mr. Butler reviewed in particular Lot 28 as identified by the Cape Cod Commission staff as having sensitive characteristics for wildlife habitat protection. As a result, the Applicant chose this lot for construction of the radio telecommunications tower so as to minimize impact on open space and habitat protection. Mr. Butler indicated that the site will retain 92.3% of its open space following construction, and that there will be no waste water disposal in that no bathrooms or water will be present on the site. This is also in conformance with the provisions of the Development Agreement. Testimony was given by consultants for the Applicant that the tower had been designed so as to have no interference with existing telecommunications facilities located within the park, also required by the Development Agreement and to allow for co-location of multiple users in ` conformance with the Cape Cod Commission standards. The Applicant also addressed the issue I