12/04/2019 PLANNING BOARD Minutes

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Case 1:19-cv-12333 Document 1 F[(ed 11/13/19 Page 2 of 21 JURISDICTION AND VENUE I, ' This Court has subject matter jurisdiction pursuant to 47 U.S.C.•§332(c)(7)(B)(v),as Blue Sky has been aggrieved and adversely affected by the Board's denial of its application, and 28 U.S.C. § 1331 where this action presents a federal question that arises under the laws of the United States, more specifically,the TCA. 2. An expedited hearing is required pursuant to 47 U.S.C. §332(c)(7)(B)(v). 3. This Court is a proper venue for these claims pursuant to 28 U.S.C. §,1391 where a substantial part of the events giving rise to the claims presented herein occurred within this judicial district. PARTIES 4. The Plaintiff,Blue Sky Towers 11,LLC d/b/a BSTMA II,LLC,is a limited liability company duly organized and existing under the laws of the State of Delaiware,with its principal offices located at 352 Park Street,Suite 106,North Reading,MA 01864, 5, Defendant Town of Mashpee has an address of 16 Great Neck Road North,Mashpee, Massachusetts 02649. 6. Defendant Town of Mashpee Planning Board has an address of 16 Great Neck Road North, Mashpee,Massachusetts 02649. . 7. Defendant Mary Waygan is the Chairman of the Board and resident of Mashpee,Massachusetts. 8. Defendant Joseph Cummings is the Vice Chairman of the Board and a resident of Mashpee, Massachusetts. 9. Defendant Joseph Callahan is the Clerk of the Board and a resident of Mashpee,Massachusetts. 10. Defendant Joseph Phelan is a Member of the Board and a resident of Mashpee,Massachusetts, 11. Defendant Dennis Balzarini is a Member of the Board and a resident of Mashpee,Massachusetts. FACTS Proposed Site Description and History 12. In May of 2017,the Town of Mashpee issued a Request for Proposals("RFP")for the lease of land to install a personal wireless service facility on the property located at 101 Red Brook Road, 2