12/04/2019 PLANNING BOARD Minutes

Home Browse Search

Case 1:19-cv-12333 Document 1-4 Filed 11/13/19 Page 16 of 43 who indicated.that the location of the wireless overlay district had no impact on the decision, The Chair referenced Cape Cod Commission Act Section D3, and expressed concern that it could be an issue. Ms.Thompson stated that she would ask Mr.Idman to state his opinion in writing. The Chair confirmed that she had been in receipt of his opinion,to which she disagreed,and again recommended that the project proponent seek a modification from the Cape Cod Commission. Regarding the RFP of 2016,the Chair inquired whether additional sites had been referenced and Ms. Thompson confirmed that it was only the one public site put out to bid, in order to rectify the coverage gap. The Chair inquired whether other sites were discussed with the Town and Ms.Thompson responded that she was not involved in the negotiations regarding the RFP, adding that an RFP was typically for one location, The Chair asked that Ms.Thompson follow up-with Blue Sky Towers to find out whether other sites were discussed and Ms.Thompson responded that she could provide information regarding other alternative sites that were identified by Blue Sky Towers and carriers, The Chair asked also who they met with in the Town but Ms.Thompson recommended that the Chair consult with the Town,adding that the RFP was a sealed process until released to the public, Regarding the coverage area,the Chair inquired whether an analysis had been completed about the amount of conservation space,open space and undeveloped land and Ms.Thompson responded that Federal case law required that the carriers were the only ones that could determine the coverage gap and what was sufficient for their coverage, In addition, although people may not reside in the wilderness areas,the areas were in use and there could be a need for cell service,particularly in case of an emergency, The Chair referenced the lease and the revenue generation of$21000 per month. Ms.Thompson confirmed the.monthly revenue,adding that there was a capital improvement contribution,which the Chair indicated was in the amount of$100,000 to the Fire Department. Regarding the balloon tests,the Chair expressed concern about serious impacts to 95-103 Degrass and 56 Blue Castle and inquired whether the project proponent had met with abutters to mitigate the impacts, Ms.Thompson stated that they had not met with the abutters but prior.to their application, their project engineer had hosted a meeting,but may.not have noticed sufficiently because no one attended. Ms. Thompson stated that the project proponent had been open-to any camouflaging techniques preferred to lessen impacts to neighborhoods, adding that infrastructure could not be made invisible and would have some impact on residential views. The Chair noted that comments could still be submitted while the Public Hearing was open, The Chair asked that more information regarding the posting of the meeting be provided and Ms.Thompson stated that it was not a requirement but they did so as a good will gesture. Regarding the lease,the Chair inquired whether there was any discussion regarding the location of the tower and Ms,Thompson responded that it was set by the Town and identified as the least impactful location on the parcel. Mr, Cummings inquired about the information regarding use of Town, State or Federal property and Ms.Thompson confirmed that she would provide further details,but that there were no Federal or State lands located within the search range that would be a feasible alternative to satisfy the gap. Mr. Cummings also inquired about the viability of the Rock Landing water tower as a site and Ms. Thompson responded that it was not viable due to an RFP needing to be issued for the site, but the RFP 10