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Mass. General Law Ch 40A the Zoning Act Section 10. Variances states: Except where local <br /> ordinances or bylaws shall expressly permit variances for a use, no variance may authorize a <br /> use or activity not otherwise permitted in the district in which the land or structure is located; <br /> The Mashpee Zoning Bylaw does not expressly permit variances in this way; in fact, the bylaw <br /> expressly prohibits them: Article VI Section 174-24.K. ...No use specifically listed in the Table <br /> of Use Regulations shall be allowed by the Zoning Board of Appeals in any district where it is <br /> prohibited. <br /> In conclusion, 150'personal wireless service facilities are prohibited outside of the Wireless Facility <br /> Overlay District, and a variance from the Mashpee Zoning Board of Appeals cannot authorize any <br /> 150 foot personal wireless service facility outside the Wireless Facility Overlay District. <br /> The Chair summarized the various districts located in town,noting that districts had been identified in <br /> order to prevent allowable uses within a district, outside of that district, with a variance from the Board <br /> of Appeals. If a variance could be granted, it would allow uses from the commercial or industrial <br /> district in residential districts. Chapter 40 A stated that it would need to be part of the Mashpee Zoning <br /> Bylaw,which it did not. <br /> Chairman Waygan, Mr. Balzarini and Mr. Cummings agreed with the finding. <br /> There were no additional opinions expressed. The Chair could not recognize Mr. Hansen because he <br /> did not sit on the matter. <br /> The Chair referenced page 6 in her findings. <br /> MASHhEE ZONING BOARD OFAPPE4LS DECISIONF0111 A.VARL4NCE V-2019-10 IS NO,T <br /> EFFECTIVE IN THIS MATTER <br /> A complaint (No. 1972CV130) has been filed in the Commonwealth of Massachusetts Barnstable <br /> County Superior Court challenging the decision of the Town of Mashpee Zoning Board of Appeals to <br /> issue a variance (V-2019-10) to Blue Sky Towers II, LLC. <br /> In conclusion, variance V-2019-10 has not been recorded with the Barnstable County Registry of <br /> Deeds or Land Court and is at this time not effective. <br /> Chairman Waygan,Mr. Balzarini and Mr. Cummings agreed with the finding. <br /> The Chair invited opinions and Mr. Phelan responded that, because the matter was being appealed, it <br /> could not yet be recorded. <br /> Mr. Callahan wished to return to discussion regarding the variance and the Chair cautioned Mr. <br /> Callahan for accepting any information from anyone in the room, including receiving a note. Mr. <br /> Callahan indicated that height was the issue. The Chair responded that extra height could not be <br /> granted outside of the district, except when certain requirements were met, such as the offering of open <br /> space with the OSID Bylaw. Mr. Phelan stated that it was different for town-owned property and the <br /> Chair asked for the reference in the Zoning Bylaw that would indicate it was different. Mr. Phelan <br /> stated that the matter was a public safety issue. Mr. Balzarini inquired about installing a 100 foot <br /> tower for public safety communications but Mr. Phelan stated that it would insufficient. The Chair <br /> asked for the Bylaw allowing for matters of public safety be identified as a means to violate the <br /> 4 <br />