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level, TMobile would be located at 136 feet and Mashpee Fire and Police emergency safety <br /> equipment would be located at 100 feet. Two additional spaces would be available for potential <br /> future wireless service providers. The proposal was submitted in answer to an RFP issued by the <br /> Town of Mashpee in May, 2017. The Town of Mashpee would serve as a landlord and would <br /> maintain control over the facility;and, in 2017, recognized that a serious gap of service existed <br /> in the area. Consideration of the Special Permit application by the Planning Board was <br /> suspended while the matter was considered by the Cape Cod Commission, as a Development of <br /> Regional Impact. During proceedings,the applicant worked closely in all aspects of the project <br /> with Cape Cod Commission staff, including consultation with a wireless expert to review <br /> technical material. The project has since been approved by the subcommittee and the Cape Cod <br /> Commission because the benefits outweighed the detriments. In particular, it was noted that <br /> there was a gap in coverage for two carriers and the proposed location was suitable and the only <br /> feasible site. Once it was discovered that the site did not sit within the Wireless Overlay District, <br /> the applicant sought approval for a height variance from Mashpee's Zoning Board of Appeals, <br /> which was unanimously approved on February 13, 2019, with a height of 150 feet being the <br /> minimum height necessary to close the gap coverage. <br /> Ms. Thompson referenced Mashpee's Bylaw and a provision that indicated that a decision by the <br /> Planning Board could not be contrary to the Federal Communications Act of 1996. Specifically, <br /> a decision by the Planning Board could not prohibit wireless services, and Ms. Thompson stated <br /> that case law in this jurisdiction showed that carriers with gaps in coverage, with only one <br /> proposed feasible location,was a special request that could not be denied by the Board. Ms. <br /> Thompson also referenced a January 2019 Federal Communications Commission issued order <br /> stating that prohibition standards were outdated due to the broad use of wireless services,beyond <br /> cellular data, and a decision could not materially prohibit provision of cellular service. Ms. <br /> Thompson stated that the technical review had been lengthy and extensive, and asked that the <br /> Special Permit be approved. <br /> Jessie Moreno, Prepare Design Group, summarized the location of the facility, situated on a 30 <br /> acre parcel in the shape of a triangle, and featuring a 150 foot monopole tower that would utilize <br /> the existing paved driveway of Fire Station#2. There would be a 45 foot extension to a 100 foot <br /> by 100 foot lease area, inside which there would be a 70 foot by 70 foot compound, consisting of <br /> 3/4 inch stone. The wireless compound would hold carrier ground equipment at the base. The <br /> monopole of 150 feet tall would carry antennae and radio equipment at various heights. The <br /> ground equipment would not need water or sewer, but would require telecommunications and <br /> electrical from the street. A chain link fence with gate would be located outside of the facility <br /> and would feature-some stormwater management and only a few trips per month,per carrier. A <br /> propane generator would be located on site, in case of an electricity outage. Mr. Moreno <br /> confirmed that just 1%0 of the 30 acre lot would be disturbed and existing corridors would be <br /> utilized to limit clearing, consistent with the RFP. Existing vegetation would be in place on three <br /> sides, shielding the structure from the road, and there would be no trash generated on site. <br /> 4 <br />