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Case 1:19-cv-12333 Document 1 Filed 11/13/19 Page 15 of 21 <br /> 120. Mr, Correnti also refuted news articles submitted by the public concerning the impact of a <br /> cell tower on property values. <br /> 121. Counsel for Blue Sky provided information on how the Proposed Site' meets the <br /> requirements of the Town's Bylaws,the Commission and the TCA. <br /> 122. During the course of the proceedings before the Board,Blue Sky submitted a supplemental <br /> legal memorandum to the Board addressing comments from the Board on the appropriate zoning <br /> relief for the Proposed Site,the Middle Class Tax Relief and Job Creation Act of 2012,the coverage <br /> gap and required evidence, alternative site analysis, and specifically addressed one particular <br /> alternative questioned by a local resident, and aesthetic impacts. <br /> 123. Blue Sky also provided a complete copy of the NEPA to the Board at their request. <br /> 124, Through its extensive submissions and testimony,Blue Sky established that it had satisfied <br /> all of the Bylaw criteria,Commission criteria,and criteria under the TCA for the requested special <br /> permit. <br /> 125. Paragraph A under Section 174-45.3 states that in accordance with the requirements of 47 <br /> U.S.C.332(c)(7)(B),and until these requirements are modified,amended or repealed,in regulating <br /> the placement, construction. and modification of personal wireless service facilities, the <br /> administration of this bylaw shall not be undertaken in a manner which unreasonably discriminates <br /> among providers of functionally equivalent services or prohibits, or has the effect of prohibiting, <br /> the provision of personal wireless services. <br /> 126, Blue Sky conclusively established that there is a significant gap in wireless coverage for <br /> two national wireless providers in the area of the Proposed Site, that the Proposed Site is the <br /> minimal height necessary and the only feasible location to place it, <br /> 127, Blue Sky conclusively established that there are network capacity issues for two national <br /> wireless providers in the area of the Proposed Site,that the.Proposed Site is critical to rectifying <br /> those capacity issues. <br /> 15 <br />