10/16/2019 PLANNING BOARD Minutes

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Article IX Section 174-45.3..E.1 "Height General-Regardless of the type of mount,personal wireless service facilities shall be no higher than ten (10)feet above the average height of buildings within three hundred(300)feet. " Article IX Section 174-45.3.E2. Height, Ground-Mounted Facilities - Ground-mounted personal wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within three hundred(300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within three hundred(300)feet of the proposed site of the facility, all ground-mounted personal wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site. Only within the District can a height of 150 feet be permitted: Article IX Section 174-45.3.E.6 "Within the Wireless Facility Overlay District,personal wireless service facilities of up to one hundred(100)feet in height may be permitted by Special Permit, except that the Planning Board may grant a waiver to allow height up to two hundred(200)feet where circumstances warrant(e.g. no serious impacts on neighboring properties, residential areas...). In conclusion, the Mashpee Zoning Bylaw does not permit a 150'personal wireless service facility at 101 Red Brook Road as the land is located in zoning district R-3 and outside the Wireless Facility Overlay District. Chairman Waygan, Mr. Balzarini and Mr. Cummings agreed with the finding. Mr. Phelan and Mr. Callahan disagreed. Mr. Phelan stated that he disagreed with the finding because the ZBA provided a variance, so that it was irrelevant that the site was outside the Wireless Overlay District. Mr. Callahan agreed with Mr. Phelan that the ZBA granted a variance. Mr. Balzarini stated that the project proponent sought a variance for the height and not the location, but Mr. Phelan stated that the variance was for both. The Chair referenced page 7 of her findings addressing that matter. AL4SHPEE ZONING BOARD OFAPPEALS DECISION FOR A VARIANCE V-2019-10 WILL NEVER BE EFFECTIVE IN THIS MATTER.PER THE AL4SHPEE ZONING BYLAW AND M.G.L. Ch. 40A. As shown above, the Mashpee Zoning Bylaw does not permit a 150 foot personal wireless service facility at 101 Red Brook Road as the land is located in zoning district R-3 and outside the Wireless Facility Overlay District. The 150'personal wireless service facility, which is not permitted outside the Wireless Facility Overlay District, cannot be sited or constructed at 101 Red Brook Road, Mashpee, a location outside the District, by a variance issued by the Town of Mashpee Zoning Board of Appeals as the Mashpee Zoning Bylaws do not expressly allow for a variance to authorize a prohibited use,per MGL CH 40A and the Mashpee Zoning Bylaw: 3