12/04/2019 PLANNING BOARD Minutes

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Case 1:19-cv-12333 Document 1-4 Filed 11/13/19 Page 2 of 43 Town ofMashpee 16 Gr;edt Ack-Ypgct Xor-th. . r�°�+a,� `''� • 1YIns/a1�ee,.iYlcisst�chttsatts Q�ag9 11. Jurisdictions. The application was made.and this decision Is Issued by the Mashpee Planning Board pursuant to Article VI, §174µ24.C. (Special Permit Use)) and §174.25 (H)(9)) Article IX, §174,45.3. (Personal Wireless Service Facilities) of the Mashpee zoning Bylaws as they existed on October 16, 2019, the date on,which the special permit application was denied by the Mashpee Planning Board. Where reference Is made herein to the Mashpee zoning By-law, it shall refer to the provisions thereof as they existed on said date, 111, Chronology, The application for this special permit was flied with the Town Clerk on August 2, 2019,A hearing was opened before the Mashpee Planning Board at the Mashpee Town Hall, 16 Great Neck Road, North, Mashpee, Massachusetts on September 4, 2019, Notice was duly given to abutters in � accordance with Massachusetts General Law Chapter 40A, Notice was given by publication in the Mashpee Enterprise, a newspaper of general circulation in the town of Mashpee on August 16, 2019 and August 23, 2019,, IV, Decision a d Can itions On October 16, 2019, upon a motion made by John Phelan and seconded by,Joseph Callahan to approve the project conditional upon the decision by the zoning.Board of Appeals to grant a variance to the applicant being upheld by the Barnstable Superior Court,the Planning Boardvoted 2-3 in favor of the proposed special permit application, The members of the Planning Board were recorded as follows; members Phelan and Callahan were recorded as voting in favor and members Waygan, Baizarini and Cummings as voting against, As a Special Permit application requires at least 4 favorable votes of a'5 member Board,the motion to approve failed and the special permit was not approved. In voting against the proposal, Members Waygan,.Cummings, and Belzarinl,made the following findings; » Proposed monopole would inflict the precise adverse Impacts that provisions of the Mashpee zoning Bylaw were enacted to prevent, The proposed monopole will Inflict dramatic and wholly unnecessary adverse Impacts upon the aesthetics and character of neighboring homes, * The proposed monopole would Inflict substantial and wholly unnecessary losses'in the values of adjacent and nearby residential property values. The applicant has failed to demonstrate that less Intrusive and more compliant alternatives are not available. Further, it is unreasonable.for the applicant to reject and defeat less intrusive and more compliant alternatives due to the voluntary response to the RPP and execution of the lease with the Town of Mashpee- . i