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Case 1:19-cv-12333 Document 1 Filed 11/13/19 Page 12 of 21 <br /> height of 150 feet, is necessary to remedy coverage deficiencies, capacity issues, and bring new <br /> and improved service to this area of Mashpee and that there are no alternatives to the proposal. <br /> 96. The Commission approved the Proposed Site on October 18, 2018 and recorded its decision in the <br /> Barnstable County Registry of Deeds in Book 31689,Page 331. <br /> Proceedings before the Mashpee Zoning Board of Appeals and Planning Board <br /> 97. Originally,the Mashpee Town Planner,the Commissions and Blue Sky believed that the Proposed <br /> Site was within the Mashpee Wireless Overlay District. <br /> 98. Within the Mashpee Wireless Overlay District,the Planning Board may waive the height <br /> requirements for a monopole up to 200 feet. <br /> 99. After archival research and review,the Town of Mashpee.uncovered information that confirmed <br /> that the Proposed Site was outside of the Mashpee Wireless Overlay District. <br /> 100. Article 14 of the 2018 October Town Meeting Warrant sought to amend the Wireless <br /> Facility.Overlay District. <br /> 101. If the article had passed the Proposed Site would have been included in the Wireless <br /> Facility Overlay District. <br /> 102. The article did not pass. <br /> 103. However, a"no"vote was in no way fatal to the Application.The only impact of the <br /> 2018 Town Meeting vote was that the Applicant was required to obtain a variance for height from <br /> the Zoning Board of Appeals because it is outside of the Wireless Overlay District. <br /> 104, Section 174-45.3(E)(1)of the Mashpee Zoning Bylaws states that regardless of the type <br /> of mount,personal wireless service facilities shall be no higher than ten(10')feet above the <br /> average height of buildings within three hundred(300')feet of the proposed facility. <br /> 105. In addition,the height of a personal wireless service facility shall not exceed by more <br /> than ten(10')feet the height limits of the zoning district in which the facility is proposed to be <br /> 12 <br />