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04/17/2019 PLANNING BOARD Minutes
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04/17/2019 PLANNING BOARD Minutes
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Mashpee_Meeting Documents
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PLANNING BOARD
Meeting Document Type
Minutes
Meeting Date
04/17/2019
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7:30 p.m. Blue Sky Towers II, LLC Application for Special Permit to erect a Personal <br /> Wireless Service Facility as required by Section 174-25 (H)(9);.174-45.3 of <br /> the Mashpee Zoning Bylaw at 101.Red Brook Road, Mashpee Fire Station#2 <br /> (Assessor's Map 104, Lot 2) consisting of a 150' monopole. This Public <br /> Hearing is being reopened by the Planning Board following referral to The <br /> Cape Cod Commission as a Development of Regional Impact (DRI). The <br /> Public Hearing opened on June 6, 2018. <br /> The appointed time having arrived,the Chair read for the record the request and informed the <br /> public of the new set up and location of the shared microphone, to provide public comment. The <br /> Chair read the Public Hearing Notice. The Chair authorized Planning Board Alternate Member, <br /> Robert Hansen, to sit as a full member. <br /> With the Public Hearing now in session, the Chair read a statement into the record to fully <br /> disclose communications between Mr. Lehrer, Blue Sky Towers, LLC attorney Elizabeth <br /> Thompson and Mashpee's Board of Selectmen and Town Manager, submitting the letters for the <br /> record. Ms. Thompson's letter suggested that Chair Waygan and Mr. Balzarini had engaged in <br /> improper ex parte communications in this matter and acted in a manner so as to deprive the <br /> applicant its due process of law. The Chair categorically denied the substance of the reported ex <br /> parte statements and questioned the source of the alleged statements or denying the applicant a <br /> fair and impartial tribunal on the merit of its application. Chair Waygan confirmed that she, <br /> unequivocally, would engage in the hearing in an impartial and unbiased manner, and would <br /> base her decision on the application according to applicable law and record of the proceedings <br /> and therefore saw no reason to recuse herself from the matter. <br /> Mr. Balzarini also offered a statement for the record, in the interest of full disclosure and in <br /> reference to the same letters provided by the Chair. Mr. Balzarini stated that, despite any <br /> possible statements previously made regarding the proposed project or previously submitted <br /> zoning article, would, as a member of the Planning Board, engage in an impartial and unbiased <br /> manner and would make a decision based on law and the record of the proceedings. <br /> Additionally, Mr. Balzarini so no reason to recuse himself from the matter. <br /> The Chair welcomed the public to tonight's Planning Board meeting and reminded attendees that <br /> the meeting was being videographed and recorded and that anyone providing public comment at <br /> the microphone should state their name and address, with all comments directed through the <br /> Chair. Comments may be addressed directly by the Board, or others, or taken under advisement. <br /> The Board appreciated public participation in matters that were being considered by the Planning <br /> Board,to assist with decisions being made. The Chair described the order of presenters, asking <br /> that Planning Board members wait to express opinion until substantial or all testimony had been <br /> made and the Public Hearing closed. <br /> Attorney Elizabeth Thompson, representing applicant Blue Sky Towers, LLC, described the <br /> proposed 150 foot monopole communications tower to be located at 101 Red Brick Road/Fire <br /> 3 <br />
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