12/04/2019 PLANNING BOARD Minutes

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Case 1:19-cv-12333 Document 1-4 Filed 11/13/19 Page 3 of 43 I Town of Nlashpee . 9� 16 Gr�eca Xec%'0pgcl Aral i Nkslapee,lb assachusetts 62649 The Town of Mashpee Zoning Bylaws do not allow the proposed wireless communications facility at 101 Red Brook Road, Mashpee, MA 02649 as the property Is outside of the Wireless Facility Overlay District. October 2018 Mashpee Town Meeting did not amend the Town of Mashpee Zoning Bylaws to Include 101 Red Brook Road, Mashpee, MA 02649 in.the Wireless Facility Overlay District. • Mashpee Zoning Board of Appeals decision for a variance V-2019-10 is not effective in this matter as the decision Is not recorded with the Barnstable County Registry of Deeds. • Mashpee Zoning Board of Appeals decision for a variance V-2019-10 will never be effective In this.matter pursuant to Mashpee Zoning Bylaw"Article VZ, §174-24K,"No use specifically listed in the table of use regulations shall be allowed by the Zoning Board of Appeals in any district where is It prohibited,"and Massachusetts General Laws Chapter 40A, §10,"Except where local ordinances or bylaws'shall expressly permit variances for a use, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure Is located. • Mashpee Zoning Board of Appeals decision for a variance V-2019-10 would not be effective in this matter even If the property were located within the Wireless Facility Overlay•District pursuant to Mashpee Zoning Bylaw as it is the Planning Board, not the Zoning Board of Appeals, which may grant a waiver to allow additional height of a personal wireless service facility of within the Wireless Facllity'overlay District. The applicant falls to address the how the proposed wireless service facility will be monitored and maintained, and how it shall bond the facllity-In case of abandonment or discontinuance of use as required by Article IX, §174 45,31 Monitoring and Maintenance provisions (1), (2),'and §174.45,3,M Abandonment or Discontinuatlon of Ilse provisions (1), (2),and (3) In voting for the proposal members Phelan and Callahan made the following flndings. • Variance relief was granted by the Mashpee Zoning Board of Appeals and the proposed 1501 monopoles location outside of the.Wireless Facility overlay District is Irrelevant unless that decision Is overturned. • The proposed monopole would not inflict dramatic and wholly unnecessary adverse impacts upon the aesthetics and character of neighboring homes given that the applicant stated a commitment to camouflaging the proposed monopole at the discretion of the Planning Board, and also that its proposed.location mitigates visibility to as many neighboring homes as Is feasible, • The proposed monopole would be a dramatic benefit to public safety as there is a significant coverage gap In South Mashpee impacting emergency response. I i