12/04/2019 PLANNING BOARD Minutes

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Case 1:19-cv-12333 Document 1 Filed 11/13/19 Page 17 of 21 135, Blue Sky has never maintained,defended, or submitted that an alternative was rejected as a result of the existence of the RFP or lease with the Town. ' 136. The denial states that the Town of Mashpee Zoning Bylaws do not allow the Proposed Site at 101 Red Brook Road as the property is outside of the Wireless Facility Overlay District ostensibly ignoring the Commission's findings and their own Bylaws which allows personal wireless service facilities in the M Zoning District. COUNTI Violation of 47 U.S.C. §332(c)(7)(B)(iii) Failure to Support the Denial with Substantial Evidence in.the Written Record 137. , Blue Sky repeats and realleges paragraphs 1 through 136 as if set forth fully herein. 138. Pursuant to the TCA, "[a]ny decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record." 139. The Board's decision is not supported by substantial evidence in the administrative record, in violation of this requirement. 140. The Board's denial is based upon standards that are not-in the Bylaws and are not valid basis for denial. 141. The Board's denial is based upon purely subjective and vague determinations on impact on property values and aesthetic character, contrary to the expert analysis presented to the Board and the Commission's findings to the contrary. 142. The Board's denial does not contain any supporting evidence for the assertions that the Proposed Site would result in adverse impacts on aesthetics, character of neighboring homes, or property values but rather makes vague and general statements that such a result will occur. 143. The Board's denial fails to cite any evidence to support the assertion that Blue Sky failed to meet any applicable criteria under the Bylaws. 17