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Case 1:19-cv-12333 Document 1 Filed 11/13/19 Page 13 of 21 <br /> located,unless the facility is completely camouflaged such as within a flagpole,steeple,chimney, <br /> or similar structure. Section <br /> 106. 174-45.3(E)(2) states that ground-mounted personal wireless service facilities shall not <br /> project higher than ten(10')feet above the average building height or,if there are no buildings <br /> within three hundred(300')feet,these facilities shall not project higher than ten(10')feet above <br /> the average tree canopy height,measured from ground level(AGL). <br /> 107. On January 10, 2019,Blue Sky requested a variance from the Mashpee Zoning Board of <br /> Appeals,seeking relief from the height requirements for Personal Wireless Service Facilities. <br /> 108. The Mashpee Zoning Board of Appeals granted the variance on February 13,2019 finding <br /> that there is a known condition of a gap in cellphone coverage in the area of the Proposed Site and <br /> that the proposed height and location will significantly close this gap. <br /> 109. The Mashpee Zoning Board of Appeals concluded that there is a need for the Proposed Site <br /> to provide safety for its citizens. <br /> 110. The Mashpee Zoning Board of Appeals concluded that the proposed height is not excessive <br /> but is high enough to address the topographical impediments to provide the necessary coverage. <br /> 111. The variance was appealed by a group of residents in Barnstable Superior Court (No. <br /> 1972CV 130)on March 19,2019,said appeal pending. <br /> 112. Due to Town elections during the proceedings before the Cape Cod Commission and the <br /> Zoning Board of Appeals, the Planning Board, a five-member Board, retained only three of the <br /> original members that sat on Blue Sky's application. As such,in order to preserve its due process <br /> rights and to be heard by a full five-member Board, Blue Sky withdrew its application, without <br /> prejudice,on June 19,2019,and refiled its application on August 02,2019. <br /> 113. The following items were included with Blue Sky's application to the Board: <br /> a) Letter of Authorization to file from the property owner <br /> b) Zoning Drawings <br /> c) Photographic Simulations <br /> d) Equipment Specifications <br /> 13 <br />