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reasons if they were to deny the tower. The Chair had asked that the project proponent address the <br /> matter, but they did not. <br /> Chairman Waygan, Mr. Balzarini and Mr. Cummings agreed with the finding. <br /> Mr. Phelan and Mr. Callahan disagreed with the finding. <br /> Mr. Balzarini stated his opinion that Town Meeting voted against allowing the placement of the cell <br /> tower at the proposed site and,therefore,the applicant should not have refiled for another two years. <br /> In addition,the zoning change should have been considered by the Planning Board, and then <br /> considered by the Town. Mr. Phelan stated that Town Counsel, at the meeting, indicated that the <br /> Article was not required and was irrelevant. The Chair stated that the Board of Selectmen had offered <br /> an amendment to the Article and referenced page 5 which addressed the matter. <br /> TOWN MEETING DID NOT AMEND THE TOWN OFMASHPEE ZONING BYLAW TO <br /> INCLUDE 101 REDBROOKROAD IN THE WIRELESS FACILITY OVERLAYDISTRICT <br /> The Town Meeting is the legislative body for the Town of Mashpee with the power to adopt and amend <br /> laws, referred to as bylaws that regulate the use of land. Mashpee Town Meeting defeated a motion to <br /> amend the zoning bylaw to permit a 150 foot personal wireless service facility at 101 Red Brook Road, <br /> Mashpee, MA (Assessor's Map 104, Lot 2). <br /> Mashpee Annual Town Meeting on October 15, 2018 voted to defeat Article 14: <br /> Article 14: To see if the Town will vote to amend the zoning bylaw Section 174-5. <br /> Establishment of Zoning Map as follows:At the beginning of Section c.2 add the phrase "that <br /> parcel of land shown on the 2017 Mashpee Assessor's Maps as Map 104, Block 2 <br /> Explanation: This article would amend the Zoning Bylaw by including within the Wireless <br /> Facility Overlay District a parcel of Town-owned land in Red Brook Road so that a proposed <br /> cell tower could be permitted(by Planning Board Special Permit) on the property. <br /> In conclusion, Town Meeting voted against amending the zoning bylaw to allow the 150 foot personal <br /> wireless service facility at 101 Red Brook Road. <br /> Mr. Phelan again stated that Town Counsel had indicated that the Bylaw was not required. The Chair <br /> responded that Town Meeting,the ultimate legislative body, disagreed. The Chair further stated that <br /> she was elected by the people and did not wish to go against the people. Mr. Phelan stated that he was <br /> thinking of the people and public safety. The Chair stated that a Town Meeting vote could not be <br /> ignored. <br /> Chairman Waygan, Mr. Balzarini and Mr. Cummings agreed with the finding. <br /> The Chair returned to page 1 regarding adverse impacts. <br /> PROPOSED MONOPOLE WOULD INFLICT THE PRECISE ADVERSE IMPACTS THAT <br /> PROVISIONS OF THE AL4SHPEE ZONING BYLAW WERE ENACTED TO PREVENT, <br /> The speck intent behind the enactment of the Mashpee Zoning Bylaw: <br /> 7 <br />