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In June 2018,the Board referred the request to the Cape Cod Commission because the project <br /> was a DRI. The Cape Cod Commission provided a decision on October 18, 2018 but the review <br /> of the application by Isotrope stated that it was not clear why the applicant asserted that the site <br /> was located in the Wireless Overlay District, and suggested acquiring additional evidence for the <br /> Commission. The Cape Cod Commission made a finding that the project was located in the <br /> Wireless Overlay District. The Chair inquired whether the Cape Cod Commission had been <br /> informed that the site was not located in the Wireless Overlay District and Ms. Thompson <br /> confirmed that Jonathan Idman was made aware of the situation, adding that it continued to be an <br /> allowed use with the only meaningful impact being the need for a height variance,which has <br /> been granted. The Chair inquired about correspondence from the Cape Cod Commission <br /> regarding the Overlay District and Ms. Thompson responded that it was not necessary. The <br /> Chair stated that she had requested an opinion from Town Counsel weeks ago regarding the <br /> matter but had not yet received a response. Therefore, with consent from the Board,the Chair <br /> would submit a request in writing to the Cape Cod Commission to ensure that the matter did not <br /> require further review by the Cape Cod Commission. <br /> Additional items being submitted to the record was the Cape Cod Commission DRI dated <br /> 10/18/19, Attorney Costello's 9/24/18 letter regarding the site's location within the Wireless <br /> Overlay District submitted to the Cape Cod Commission, Mr. Lehrer's 8/21/18 memo submitted <br /> to Cape Cod Commission regarding DRI referral and the Isotrope review dated 8/10/18. <br /> Referencing page 9 of the application and camouflage,the Chair inquired about the height of the <br /> buffer and Ms. Thompson believed that the trees were 55 feet tall,but would submit the <br /> information in writing. The Chair inquired about lighting and signage as required in 3A and Ms. <br /> Thompson responded that there would be no lighting other than on the cabinets. <br /> The Chair will draft a list of documents to ensure that all will be tracked and recorded. The <br /> Chair recognized the Town Planner. <br /> Mr. Lehrer confirmed that personal wireless service was an allowed use in the R-3 district,with a <br /> height consideration requiring a variance. The variance was granted by the ZBA and can be <br /> reviewed on its merits. Regarding health impacts, 174-45.3, Section A, Paragraph 3 stated that <br /> decisions could not be made based on radio frequency thresholds when documentation that FCC <br /> thresholds had been met. Additionally, documentation was received showing the correction of <br /> significant coverage gaps. <br /> Mr. Rowley inquired further about project compliance with FCC guidelines and the ability to <br /> override the Bylaw. Ms. Thompson stated that the applicant needed to comply with the Bylaw <br /> and that the municipality maintained some control, except if there is a significant gap in coverage <br /> with no feasible alternatives,the local control was preempted by Federal law and the decision <br /> must be approved. Ms. Thompson submitted the FCC order for the record. Mr. Rowley inquired <br /> about the details of the site and compliance with the regulations as written, and Ms. Thompson <br /> responded that they would work to comply with regulations. <br /> 10 <br />