10/02/2019 PLANNING BOARD Minutes

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7:20 p.m. Blue Sky Towers H, LLC (Continued from September 4, 2019) Application for a Special Permit to erect a Personal Wireless Service Facility as required by Section 174-25 (11)(9); 174-45.3 of the Mashpee Zoning Bylaw at 101 Red Brook Road,Mashpee Fire Station #2 consisting of a 150' monopole. This Public Hearing is being reopened by the Planning Board following referral to the Cape Cod Commission as a Development of Regional Impact (DRI). The appointed time having arrived, the Chair opened the Public Hearing for Blue Sky Towers 111, LLC and read for the record the request. Attorney Elizabeth Thompson, representing Blue Sky Towers H, LLC, stated that she submitted a memo responding to requests for additional information as well responding to comments made at the last meeting. The Chair stated that the memorandum appeared as Exhibit 37. Ms. Thompson confirmed that she also submitted the NEPA report and Mr. Lehrer confirmed that the information was available on the Planning Board's webpage. The Chair referenced the September 4 minutes and inquired further about the project proponent's meeting for abutters with their project engineer,Mr. Moreeno, and how the meeting was noticed. Ms. Thompson stated that the meeting was April 24 and the space was secured by Terrie Cook in the Town Manager's office. There were no attendees at the meeting, which was noticed at the same time as the balloon test, 10 days prior to the meeting. Ms. Thompson indicated that they were not required to hold the meeting, but had volunteered to do so in an effort to include the community in the process. Ms. Thompson stated that the project proponent had also reached out to the individuals who had filed the lawsuit, willing to meet at any time. The Chair inquired whether there was any word regarding the suit being heard in court and Ms. Thompson responded that it had been filed, but not scheduled and was pending litigation. Mr. Balzarini inquired how the Planning Board could provide a decision if there was a pending case. Ms. Thompson clarified that the case was an appeal of the decision provided by the Zoning Board of Appeals, which had no bearing on the Special Permit Decision of the Planning Board. It was the Chair's opinion that the Planning Board could keep the matter open until the Court rendered a decision. Ms. Thompson disagreed, stating that the project proponent had provided all necessary information to allow the Planning Board to make a decision, further stating that the Federal Telecommunications Act called for a speedy tribunal. There was discussion noting that this meeting was the second meeting of the second application. The Chair stated her opinion that the Board was moving at a steady pace. Ms. Thompson inquired whether the question was posed to Town Counsel. The Chair stated that the question had not yet been posed and Mr. Balzarini stated that they were unaware that there was a court case during the first application. The Chair expressed concern about confidential information being shared, and again stated that the question had not been posed to Town Counsel. Mr. Balzarini inquired again how the Planning Board could make a decision when the status of the ZBA decision was unclear and Ms. Thompson responded that both permits were necessary to proceed to build a tower higher than what was allowed. Mr. Balzarini stated that a 40 foot tower was allowed at the proposed site, where a 150 foot tower was needed and Ms. Thompson responded that the matter was removed from the Planning Board's jurisdiction because the site was outside of the Wireless Overlay District. Ms. Thompson further stated that the project proponent would await the decision of the court to determine whether they could utilize a 40 foot tower. Mr. Balzarini inquired how the ZBA could award a variance to place the tower at the proposed site when Town Meeting voted down Article 14, so the zoning was never changed. Mr. Lehrer responded that the Wireless Overlay District was specific to the height of the tower so the applicant sought relief from the Zoning Board for 4